Final report to the SANAM

Human Rights Congress for Bangladesh Minorities (HRCBM)
Report on
South Asian Network to Addressing Masculinity (SANAM)
Fellowship - 2011
Project Title:
Addressing discriminatory laws and rights of the minorities for advocacy
and policy change in Bangladesh
Reporting Title
Family law of Bangladesh: In respect of Masculinity
Submitted to
Laxman Belbase
Advisor – Gender Equity
Save the Children – Sweden
Sweden Regional Office for South and Central Asia
Nepal
Reported by
Jhuma Halder
Bangladesh
Date: 30.11.2011

1. Organizational introduction
HRCBM is a worldwide campaigning movement dedicated to protecting the human
rights of people in Bangladesh. In particular, HRCBM work for minorities in Bangladesh.
It stands with victims and activists to prevent discrimination, to uphold political freedom,
to protect people from inhumane conduct, and to bring offenders to justice. HRCBM
people investigate and expose human rights violations and hold abusers accountable. We
demand government and those who hold power to end abusive practices and respect
international human rights law. We follow the guideline enshrined in UDHR,
International Bill of Rights and other standards. In general we are working to end
xenophobia, human rights abuse, racial discrimination, civil resentment, brutality and
oppression against minorities in Bangladesh.
For this reason, HRCBM-Local group started fund raising to protect their sisters,
daughters, mothers and wives, upholding their rights and responsibilities along with
HRCBM-YF. SANAM project is the first project of HRCBM-DHAKA that organized
national organizational activities in different districts. Though HRCBM has different
chapters in different places all over Bangladesh, but it would do only campaign to raise
their voice to protect their rights and lands from its inception. However, through SANAM
project HRCBM depict adjust pictures of masculine and gender issue which impacted
simultaneously upon the religious minority women in Bangladesh. Hindu, Buddhist,
Christian and Ethnic minority women are not getting equal status at family level and
society accordingly does not granted their full human rights as human being. Moreover,
HRCBM local groups collected data information from Dhaka, Tangail, Gazipur, Shylhet
and 16 districts of Rajshahi Division repressions on women at domestic level as well as
national level for this work. It should be noted that HRCBM has more local office in
Khulna and Chittagong division, but within short period of SANAM project it can not
work in those areas. We hope those area will be touched if SANAM assists further or get
other assistance from other donor agency.
2. Achievement
Through SANAM Project “Addressing discriminatory laws and policies in Bangladesh”
created huge awareness and support to demand of amending Orthodox Hindu Law and
The Vested Property Law. Specially, it is noted that HRCBM-YF local groups and
national human rights activists have changed their attitudes towards women partner and
demand their rights and status according to UDHR. It has created awareness about
positive role among HRCBM along with its attached units in Bangladesh like, the
HRCBM-YF Google E Groups, HRCBM Google E Groups, Local HRCBM Youth
Groups and Local HRCBM Core Groups, on gender issues to change their attitude and
addressed their voice on discriminatory laws and policies in Bangladesh.
3. Major activity
SANAM offered fellowship for 10 months (February – November 2011), but the project
implementing time was only three and half months (15th
August to 30 November 2011).
So, it is difficult to portrait organizational framework by aforesaid short time. As per
whole stages of fellowship program we tried to use full time for giving an organizational
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framework of this work under the banner of HRCBM. Initially, we did legal researching
on the topic that has been selected earlier. Our thematic inquiry was conducted on on
going social issues, economic condition and practice which gave a negative scenario at
domestic level as well as perception of multilevel non-domestic torture. For this purpose,
we used some tools to reach our result. We consulted with men-women groups to
understand the practice of discrimination among the religious groups and communities.
We have conducted several investigations for framing sample case study and also took
formal interview with experts, lawyers, academicians and historians on open answering
questionnaire to clarify Gender Based Violence (GBV) and the existing practice of
discrimination and collected information of historical turn as traditional facts of the issue
of masculinity. We analyzed thematic case study to understand the practical situation
through a single phenomenon and to strengthen findings. Lastly, to understand the nature
of fundamentalism and discrimination in existing laws, we noted the daily activities of
men women groups through discussing basic understanding of masculinity and the forms
of discrimination and its consequences.
4. SANAM mentor support
After providing two times training from SANAM on the topic “Understanding
Masculinity: Culture, Politics and Social Change”, has supported local mentor of this
work on behalf of Jhuma Halder. Mr. Rabindra Nath Trivedi, General Secretary,
HRCBM-DHAKA has conducted this fellowship – 2011 as local mentor. From the
beginning to end including the pilot project, each month, except September 2011, Jhuma
Halder met and sat down with him ten times (21.02.2011, 10.03.2011, 03.04.2011,
09.05.2011, 02.06.2011, 15.07.2011, 13.08.2011, 13.10.2011, 02.11.2011 = 10 times)
and discussed face to face about whole things minimum one hour. She regularly
contacted with him through emails and telephone calls for developing materials for this
fellowship. Mr. Trivedi approved training manual developed part by part which became a
full manual for this project later. It would be noted that during the time of preparing
training manual some techniques has been used to create awareness among the
community to reach out goals which has followed by Mr. Trivedi’s guidance. Ms. Halder
has consulted with Dr. Sanjay Srivastava and Dr. Abhijit Das through emails for this
work. Mr. Habibur Rahaman observed the whole work on behalf of SANAM –
Bangladesh Team and noted as well suggested on the progress of the project and other
things.
5. Detail report of SANAM fellowship – 2011
i. Prologue
This document, “Family law in Bangladesh: in respect of masculinities”, has been
selected for the Bangladeshi women. This study is funded by South Asian Network to
Addressing Masculinity (SANAM). It is primarily empirical investigation and case study
based research work. This study is aiming at assessing the position of minority women
and general women and gender relations among the religions of Hindu, Buddhist,
Christian and Ethnic minorities in the eye of law. This study explores gender
discriminatory areas those impede women’s development and contravene women’s
rights. Gained information and suggestive measures are expected to address the policy
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level to help adopting and designing gender sensitive approach in relation to amend law
for minority women and general women issues.
The Human Rights of women generally predicate the understanding that women are
denied enshrined human rights in many ways because of their gender. The girl child is
subject to three forms of inheritance in three different capacities: a daughter, a wife and a
mother. In none of the capacities does she merit equality of inherence rights with her
make counterpart. Naturally international law can only address states having due regard
for their sovereignty. It can achieve compliance with its norms only by using agencies of
the state. This does not necessarily mean that nothing can be done to encourage the
compliance by states with their obligations under international law. In doing so, it would
be useful to explore the possibilities of changing existing religious and customary laws,
which are contrary to the principles of human rights. In this regard clear understanding of
the nature and operation of religion is necessary in order to identify the extent to which
religion actually abstracts the implementation of women’s rights and to which such
obstruction is orchestrated by dominant male politics.
ii. The context of minority women
The Minority women in Bangladesh are not hegemony entity. The family consists of both
male and female partner. The general profile of minority women are that they are
economically deprived, have less access to resources, are progressively loosing their land
and properties, treated as victim to socio-economic and cultural and political exploitation,
discrimination and harassment and constantly struggling for their survival and identity.
Hindu, Buddhist, Christian and Ethnic are belonged to the most marginalized groups in
the country as their religious and socio-cultural identities as minority. In Bangladesh
Muslim culture is observed everywhere.
There are exists number of obstacles for development of women in minority community
and outside of the community. Poverty, insecurity, lack of access to justice and awareness
are common hindrances for development of the community. Conversion to Islam by
allurement has also caused suffering of the Hindu community and they are not getting
proper justice and act of needful requirements or special facilities. Prevalence of
domestic and non-domestic violence among the minority people has been confirmed by
the finding of this study. Sexual harassment, rape, gang rape, forced prostitution, marital
rape, beating, slapping, teasing, kidnapping, abduction, trafficking, killing after rape,
fatwa are the common and widespread of vulnerability of all women, but the minority
women are more insecured rather than the Muslim women. Insecurity of livelihood made
them more scare day to day. In this respect general reflections on the general in
Bangladesh will help in order to understand the context of minority women.
iii. Women’s situation in Bangladesh: General overview
General overview displayed the structure in Bangladesh. Women’s role and their
activities defined the private matter, which means the domestic affairs and reproduction
circle. Although a woman goes to carry out socially sanctioned duties but women’s
movement restricted, veiled and keep seclusion, which is socially practiced the improper
gender based violence in private - public sphere. Progressive minded men recognized to
feel equal share/opportunity at home and outside in psychologically but they also silent in
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practical field. Men considered women’s performance as head of house hold and
perpetrators of family name and lineages. In general power of domination and
preferential treatment to inheritance, position, policies and public affairs considered male
preserved area. General position of women’s rights, power and position in the country are
divided into class, caste and religion. Male dominated social structure and ideology of
patriarchy is evident at the national level policy making process, culture and legal
instrument. Therefore, existing conflict between man and women make hindrance in
gender development and supporting in familial umbrella for rising and pushing traditional
boundary. Women issues in Bangladesh are now publicly visible in formal and informal
sector. Nonetheless, we observed that economic participation and social perception in
women development does not effect in social change or positive response to share in
private or public life.
The area of domestic and non-domestic violence against women including rape, gang
rape, sexual harassment, physical assault, fatwa, wife beating, trafficking, dowry, verbal
and psychological torture, kidnapping, abduction, force prostitution, murder, eve teasing
are high. The data of case study (in bellow) shows increase of nature of violence and its
degree of increase. Generally law and public policy targeted the women sufficiently
addressed the issues and need for development. Consequently despite this achievement
and progress of women’s position have not changed the social position and attitude
towards women. Violence and discrimination continue to pestilence the realization of
women’s rights.
A. General data: January to September 2011 (14 Daily Newspaper clippings)
Sl
no.
Criteria Number Source
1 Rape 561 Bangladesh Mahila
Prishad (BMP)
The Daily News
Clippings
2 Gang Rape 135
3 Murder after rape 76
4 Attempt to rape 112
5 Sexual harassment 112
6 Sexual assault 266
7 Paternal demand 14
8 Acid burnt 64
9 Death after acid burn 2
10 Burnt by fire 28
11 Death after fire burn 28
12 Kidnapping 144
13 Women and child trafficking 104
14 Sale to brothel 42
15 Murder for dowry 268
16 Torture for dowry 201
17 Physical assault 341
18 Violence to maid 35
19 Murder of maid 46
20 Suicide of maid 12
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21 Murder 668
22 Attempt to murder 43
23 Provocation for suicide 21
24 Attempt to suicide 9
25 Suicide 369
26 Eve Teasing 817
27 Suicide for eve teasing 23
28 Refusal of love 38
29 Fatwa 46
30 Child Marriage 63
31 Torture by police 1
32 Forced marriage 7
33 Others 567
Total 5359
B. Minority women’s data: January to September 2011 (Paper clippings & direct
complaints received HRCBM divisional units of Bangladesh)
Sl
no.
Criteria Number Source
1 Rape 9 The Daily News
Paper Clipings,
Human Rights
Congress for
Bangladesh
Minorities
(HRCBM)
2 Gang Rape 3
3 Murder after rape 1
4 Attempt to rape 15
5 Sexual harassment 2
6 Sexual assault 1
7 Paternal demand
8 Acid burnt 4
9 Death after acid burn
10 Burnt by fire
11 Death after fire burn 13
12 Kidnapping / Abduction 104
13 Women and child trafficking
14 Sale to brothel
15 Murder for dowry
16 Torture for dowry
17 Physical assault 53
18 Violence to maid
19 Murder of maid
20 Suicide of maid
21 Murder 21
22 Attempt to murder
23 Provocation for suicide
24 Attempt to suicide
25 Suicide 3
26 Eve Teasing 7
7

27 Suicide for eve teasing 3
28 Refusal of love 13
29 Fatwa 16
30 Child Marriage
31 Torture by police
32 Forced marriage 4
33 Others (Conversion) 22
Total 294
C. Gradual data of violence: 2002 to 2011 (Up to September) (Received complaints)
Criteria Year No of Complaint
Received
Sources
Legal Advice 2002 137 Bangladesh
Mahila Parishad
(BMP)
Legal Advice 2003 143
Legal Advice 2011 (Up to Sept) 75
Direct Complaint 2002 113
Direct Complaint 2011 (Up to Sept) 97
Mediation 2002 22
Mediation 2003 50
Mediation 2004 58
Mediation 2005 78
Mediation 2006 93
Mediation 2007 84
Mediation 2008 95
Mediation 2009 25
Mediation 2010 50
Mediation 2011 (Up to Sept) 68
Investigation 2002 29
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Investigation 2011 (Up to Sept)
Case Filling 2002 19
Case Filling 2011 (Up to Sept)
iv. Broad and specific objectives
The general objective of this study is to explore and document the position of minority
women and related gender relations of Bangladeshi people.
Specific objective:
1. To explore the nature of discrimination and violence against Hindu, Buddhist,
Christian and Ethnic women
2. To assess the traditional socio-economic power/attitude ruled over the minority
women
3. To investigate the minority women’s position and related gender relations in the
family and community level
4. To identify the way to come out the traditional boundary
v. Rationale of the study
As human mobility has emerged as complex and multi dimensional phenomenon in the
age of globalization, the international community attaches high importance to masculine
issues relating to minority. It is high thought that sensitizing the people on masculine
issues would defiantly have a positive impact on better justice. Theoretical and practical
impossible has carried out for the reader by this research work which said multi
dimensional assistance that would truly helpful for making task to success addressing
minority, violence and masculinity. This work depicted the exact picture of masculinity
of Bangladesh. The principal aims and objectives of this research has ensured,
established, materialized and preserved the rights and privileges of marginalized and
section of people in general and people termed as minorities as under privileged and
victims of unequal application of laws in particular with a view to improving the social,
educational, economic status and living conditions of the people. It spoke on the factors
creating multi level torture, violence, persecution, conversion and their most possible
resistance courses, albeit, in explications that has maintained spaces for furtherance of
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explications of: assistance of meeting the growing operational challenges of minority
management, advance understanding of masculine issues, encourage social and economic
development through gender balance, uphold human dignity and well being of minorities
women.
6. Research methodology
i. Approach of the study
The concept of Asian values has been used to support cultural relativist arguments in
resisting certain fundamental human rights norms. While there may be in juncture
between theories and practice even most ardent proponents of Asian values have rejected
culture relativism as a defense against human atrocities, including the suppression
religious minorities and women. It should be noted that the human rights dignity and
freedom as well as principals of equality existed in Asia long before the liberal
philosophers of the West began to extol them. It is unfortunate that issues of economic
development have been conflicted between Asian and Western values with respect to
fundamental issues such as human dignity and freedom of religion. To reiterate domestic
law is found in the vast majority of cultures, it is most probably more universal that
relative. It has been argued that the universality of domestic aggression in fact makes it
particularly apposite to human rights intervention and the application of international law.
Even if that argument is not accepted, it seems clear that a line can draw between cultural
practices and violent discrimination against minorities the latter being something that
simply should not be tolerated. In order to jurisprudence and reaffirm, there are certain
universal and inalienable rights which should not be trumped by culture or religious
practice.
ii. Study of the area
The study was organized in Dhaka city, Gazipur District, Tangail District, Shylhet and
Rajshahi Division in Bangladesh.
iii. Methods
The methodology of this research has been mostly following the secondary sources of
information like articles, books, journals and newspapers, research and investigative
reports, case study, UN Conventions, etc. Relevant literary review has been collected
through Internet browsing and consultation with the experts, legal practitioners, and
different women rights organization along with HRCBM unites.
The research has broadly informed by a collaborative approach as necessitated by a
cultural research. A collaborative approach helps earn trust and easy access to the
community. It is also pivotal to build corporation with the orthodox community members
so that they could identified themselves with the study. The best effort is to make consult
with the minority leaders, experts, practitioners, community members, educated
personnel. They have selected the key aspect of the perspective that has created
awareness among them and recognize the oppression and discrimination. The large
patriarchal rigid and fundamental community men would be sensitizes using tools and
techniques of qualitative investigation and participation in collaboration.
The nature and purpose of tools of methods are like this:
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Tools Nature Purpose
Men and women group Open-ended Understand practice of
discrimination among
communities
Formal Interview with
experts, lawyers,
academicians, Historians
Issue based To clarify and corroborate
issues and information and
to know historical facts
Case Study Thematic To understand the practical
situation through a single
phenomenon/event and to
strengthen findings
Daily activity Participatory To understand the nature of
fundamentalism and men-
women mobility
iv. Field works
The field work was three months. Since it is an empirical research, a great care was taken
to build rapport with cultural sensitivity. It is also a personal development in the field,
having most important regular discussion, exchange views, sharing information between
local mentor and youth groups and their leaders who helped the research to make
acquainted and updated as the personal development and ensure overcome religious
barrier. The strategy of making space for minority women has not been interrupted by the
environment as religious barrier. Several investigation by the individual researcher and
the group leaders’ free movement and access in to the community relaxed the emotions
and ideas directed by the local mentor. Local mentor has conducted a one day program
along with his team members on 18.11.2011.
vi. Topic and issue of inquiry
Violence against Women is a common thing throughout the world. We should concern
about the traditional practices, domestic violence, infanticide, rape, and sexual assault,
commercialized violence such as trafficking in woman through challenges to traditional
attitude towards women.
Therefore, the major thematic inquiry was conducted like as bellow:
Social issues Economic issues and
practice
Discriminatory legal
instruments
Negative Image
(Violence)
Family lineage,
Marriage and divorce,
widowhood, Decision
making rights, Social
perception, customs,
rituals, religious belief,
education, loss of
population, privileged
bodies, Issue of
hegemony and
Property inherence,
Discrimination at
workplace, perception
and preferences,
inadequate living
condition, facilities and
obstacles
Constitution, personal
law, Vested property
act, registration act,
presidents, HC
orders, Hindu Law,
unequal application
of law , justice
system
Perception,
domestic and
no-domestic
violence,
persecution,
torture,
legislative
enactment
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masculinity, religious
endorsement, rigorous
tradition, security
problems
vii. Limitation of the study
Violence against minorities is a common thing throughout the world. Mission of this
research is to carry out a major hindrance for establishing human rights and advancement
of minority (Hindu, Buddhist, Christian and Ethnic) and underprivileged people
overcoming constitutional and legal barriers of Bangladeshi women. Further unequal
application of Law depicts the social, political, economical and cultural disparity which
shows the exact scenario of ongoing discrimination, forceful eviction from the land and
torture on minority. Discriminatory domestic laws provide survival inequality all over the
country. Further the traditional approach towards gender issues, strong anti female
demand and unequal facilities are the common trends of discrimination for eviction of
entire family of minority women. Further low level of literacy among men, women and
religious fundamentalists concern the different type of humiliation and threatening on this
study.
7. Social structure
i. Patriarchal system
The Muslims are the first largest religious community who belong to patriarchal society
in Bangladesh. The second largest is Hindu community. Christian, Buddhist and Ethnic
people follow them to practice religious rituals and customary performance among the
community. All the societal stature is headed by men or oldest male person of the family.
The social structure of a patriarchal community generally represents certain typical
gender relations manifestation through the number of norms and practices. Patriarchy
designed to endorse male domination and hegemony within the household level as well
as in the society. This has resulted in superior status of men and preferential treatments
towards them in a number of ways.
ii. Family lineage
All religious doctrine comes from the male person. For this reason family lined carried
through male dominated family names, traditions of ancestors and also funeral
performance related rituals also entrusted by the male person of the Hindu community. It
seems the very system of family lineage resulted by performance of male child and male
person considered as household heads and practice of patri-locality.
iii. Child preference and childlessness
The child preferences of the Hindu community tend to favor boys over the girls. The sex
considers male child and female child and equal share reflects during pregnancy. The
perceived differences among the minority family, male and female can generally
summarized like this:
a. Female always consider household or care giver
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b. Female are outsider of the family if she married
c. Female are weak and less intellect than male
d. Female can not move out from home without informing of male members
of the family
e. Female does not lineage directly for their family name or tradition
f. Female does not prefer child as heir
g. Male are always privileged
h. Male are supposed to take care of their old age father and mother
i. Male carry on family lineage
j. Male considers as performer of the funeral rituals for the deceased person
of their family
k. Male inherits ancestral property
l. Male stays their parental home after their marriage
Usually a woman alone has to bear the brunt of childlessness within the family. If a
couple does not have any child the wife is instantaneously blamed for infertility. Within
the family she often has to face crushing comments by in laws, even in her presence at
time is considered as ominous. Negative perception towards childlessness can at times to
take an extreme from as exacerbated by the comment of the Hindu family. It is a curse to
belong a female body of a Hindu family. Reproduction considered as the primary goal to
survive among the family. The social mindset and trends to fever male partners indicates
the responsible female for her infertility. It is unusual or improper or unworthy to blame
or create any negative terms to a male for this. A couple who failed to reproduces, it is
only responsibility for female partner. Female should have quality to produce male child
for uphold the family name and fame. Most of the time, we see female become victim of
many domestic violence for it.
iv. Household head
Usually a patriarchal family head is father or in his absence the next male, such as elder
brother, or son is the head of household. The factor is considering as power of making
decision, economic and skill of communication indicate the ability to become head of the
family. Nonetheless female emphasize on the crisis management and important issues
presented in traditional system. Since male are head so he can take decision, move
anywhere he wants, could take part in social programs, arbitration, legal proceedings, can
earn more than female, able to perform outside works and maintain hereditary as wide
exposure. In Bangladesh generally female perceived the power of influence in decision
making, ownership of property, It is also known that the real life challenges of women
does not acceptable that mentioned as power, voice, position in the family or society.
Sometimes we see that only old age mother can take the responsibility in absence of her
elder son or head of male members. It is also true that sometimes it also ignored if her
position become as neglected as undermined or inferior or less important in family.
Women’s position also influenced with their male partner or characterized by their male
respondent. The process of taking power belong ownership of the property or economic
status of the family as well as society. Moreover, we see the privileged position of family
the male also practice to have good food and women’s position sacrificed for their heads.
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i. Division of labour
It is also acceptable to all the family and society in Bangladesh, the women will look
after children and their education, take care of domestic labour, mean, cooking, cleaning,
washing, serving, feeding, nursing of old age and ill people of the family. On the other
hand, male will go out for hard work, earn for the family, and behave manly. By this
study we see women work within boundary. Work known as a “man’s task” are to be
performed by men only. According to the people’s mindset except dwelling works men
are able to do any kinds of physical work but women can not. Work nature depends on
livelihood pattern, living condition, religious affiliation and so on. The type of nature and
the frequency of works can be different among the religion and social structure.
ii. Marriage practice
Marriage is a very important and auspicious social occasion which institutionalized
family in all religion. In Islam it is a contact between two parties. Nonetheless, it has
systematic difference among Hindu community, Buddhists and Christian People. Among
Hindu it is sacrament and certain ceremonies are essential to the legality of the marriage.
From the ancient period, two schools of thought about Hindu law, Dayabhaga and
Mitaksara, according to these two schools, marriage was eight kinds which approved by
Vegas through giving status of women as human being. They were Brahma, Daiva,
Arsha, Prajapatya, Asura, Rakshasa, Gandharva, Paisacha, of which the first four were
approved and the last four unapproved in practical field in Bangladesh as well as in this
region. All Bangladeshi Hindus are complying with it. However, there are many
distinctions between male and female in Dayabhaga Law in Bangladesh perceived by the
observer.
Now-a-days, there are two forms of marriage have been practiced. One is arrange
marriage and another is love marriage. Love marriage recognizes if both families accept
as usual. If it is not well accepted by any family, within few days after marriage the
conjugal dispute arise and girls are affected much. On the other hand, arrange marriage
does not care about bride’s consent. All the relatives and families of both parties
informed and organize a wedding ceremony. It is unimportant to match the bride and
groom. Increasing problems has discovered by this research in this system.
iii. Divorce and maintenance
Divorce means division of one male and woman, who were united to live till last breath
as a one entity by the name of marriage. The practice of it is not very frequent. As contact
Muslim women have power to sent divorce notice if the husband authorizes to do so in
the time of marriage fulfilling 18th
column of Kabinnama (Marriage Registration Paper).
Moreover, if the bride does not get power by Kabinnama, she can file case before family
court claiming her rights. Nonetheless, the Hindu women have no power to divorce. They
are entitled to have mutual separation. The family members of husband and wife initially
try to resolve the dispute through discussion. If they fail the do so, the social action
committee or social welfare organizations or arbitration council helps to mitigate the
dispute by traditional “Salish” system. If the social action committee also failed to
mitigate the dispute, the divorce agreed by both parties by name of mutual separation and
socially that couple do not treat as husband and wife. Sometimes, society did not accept
this mutual separation and mistreat the affected woman. Muslim women get dower
money from the person she divorced. But Hindu or Buddhist women treated as wasted
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disclosing the matter. Divorce is not uncommon and it is based on primary personal and
conjugal problems. Muslim women socially accepted normally and she can remarry.
Hindu divorced / separated women does not accepted normally as an applicable right in
practice and most of the time she becomes abandoned by the parental family and
neglected from the society. Not only that Hindu separated / divorced woman did not
entitled to claim her property namely “Stridhan” in practical field which is her absolute
property accepted in Hindu Law.
viii. Decision making
In a patriarchal family the principal decision maker always head of the male person. All
of major or minor decisions have taken consultation with male head of family. It is no
matter to keep far of the discussion or absent from apart of discussion of the women as
responsible members of the family. If the head male person busies with his work the
situation control the next charge making male of family affairs. There is no democratic
system in family affairs. Since the male person is the owner of the land and economic
empowered, so he should have the absolute power to rule over all members of family. No
women can be a counterpart of the decision maker of the family. Especially traditional
Hindu family is more restricted than other religion. Now-a-days we sometimes see the
post of head man has changed in dispute resolution to women as very active person.
Nonetheless, social decision, leadership is not consider as women’s advancement.
Religious pattern and believe system also denied women’s position within the family.
ix. Religious structure
As an Islamic country Bangladesh observes Islamic religious activity in everywhere.
Within conventional believe system women can not participate openly in religious
activity. Equally, other believers’ especially Hindu women can not offering priest of
religious events and Christian women also can not be the father of the Church. All
religious people believe women do not poses the spiritual knowledge which included the
religious area in performing events and they are not expert in the field of men’s area. The
Allah by the name of Mohammad, Lord Sree Krishna, Lord Buddha, The God Jesus all
are male headed religion granted women as their assistance or subordinated person who
are not equal in power or decision making process. For getting social justices women face
men and depend on male’s treatment. The patriarchal religion derived unequal treatment
towards women in the real life and discriminatory behavior and undermining attitudes
throw challenges to women in daily life. Religious subordination makes women inferior
and creates unsatisfied relationship between men and women in the family and society
which causes women’s marginalized in management and development.
x. Widow re-marriage
In 1856, we get a law on widow remarriage for that Iswar Chandra Vidyasagar started a
movement in favor of widow re-marriage. Legally sanctioned but socially no well
accepted. Most of the families send their young widows to India for re-marriage. As a
result minority migration of India and other country keep continuing. Widow’s girl child
and disable child (both male female) are deprived her fathers property. Especially
widows of Bangladesh are most vulnerable in condition. They have no family as well as
social recognition of women’s property as streedhan, guardianship or any other legal
facility.
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xi. Women’s position
Women in patriarchal society are always discriminate and face challenge to reduce
discrimination. The consent of Hindu women in marriage or other important relationship
is not important to make any relation. And practices of Hindu rituals are stricter other
than law. Divorce is unnatural in Hindu community. In general practice of freedom of
movement granted by the family members, but it is only for limited places. Women carry
baby and brought up that child with her all effort, unfortunately she is not guardian only
custodian. Harassment and violence is common to women. Women’s positions indeed
contrast with the presence of certain rights and privileges and absence of some basic
rights and voices simultaneously.
8. Practices and violence
i. Succession (inheritance)
In patriarchal society of Bangladesh there is quite complicated discussion of selection of
succession of the ancestral property. According of general law of the land a Muslim
woman gets half share of a man. Though Women’s Advancement of Policy has been
passed by the cabinet members for equal share of the male-female, but it does not access
in practical field. On the other hand, in respect of Hindu, Buddhist, Christian and Ethnic
women are not qualifying the status of sharer of ancestral property. In case of inheritance
of Hindu Law of Bangladesh, only five classes of women inherit preference to get life
interest that is limited rights and on their death the property would pass to the nearest
male heir of the deceased male owner and not to the heirs of the female heirs. The woman
or women inheriting in life interest can sell the property only for limited legal necessity.
ii. Work opportunity
It is also evident that the nature of gender division work opportunity differs in
Bangladesh. Women’s task mostly household duties have been observed in all religion.
Nonetheless, work division and work pattern of the patriarchal communities replicate the
traditional system in favor of man to give them some privileges in the terms of nature of
work and work load. The existing system enforces women less access to public life and
productive works. Having less and weak performance man are privileged everywhere in
problem facing skills and decision making authority.
iii. Freedom of expenditure
It is well known that women are subordinated within both places – at home and at outside
of home. The freedom of expenditure and decision making power to spend her earned
money is determinant factor to expose her position at home. In general observation
women always try to spend their money in productive purpose or family welfare with the
consent of male members of the family. At the same time, men do not disclose their
amount of earnings to women members at his family and do not clarify expenditure to the
female members of the family. It is very interesting that when women ask about the
earning source or expenditure men become furious and start torture on women in
different way. Beside this, women are always bound to clarify about their expenditure.
There is very little unity to expense jointly.
iv. Perception of violence
16

Violence is very important to analyze the women’s position in family and society. Gender
based violence (GBV) can be define in two categories, such as non-domestic violence
and domestic violence. Generally we see that women count multi-faced forms of torture /
violence. Often women ignore or overlook the minor events which happen in home. As a
result the male members count it as their weakness and more stressed on physical assault
or abuse as violence. Most of the time we observe, slapping, scolding, illegal blaming,
verbal abuse or psychological tortures at matrimonial home that ignored as violence.
Women believe that husband’s have right to scold and slap or mistreat their wives
because they provide food and cloths. It is interesting that marital rape or forceful
intercourse or sexual assault by husband does not recognize as crime against humanity in
Bangladesh. Women feel that they are safe husband’s custody, because male people treat
as “God” by religious name of head “Pati Devota” or “Sattavan Yudhisthir”.
v. Non-domestic violence
A universal picture has been observed by the observer in terms of non-domestic violence
in Bangladesh. Rape, gang rape, trafficking, forced marriage, force prostitution,
kidnapping, abduction, conversion into Muslim and Christianity from Hindu and
Buddhist religion, teasing, physical assault, fatwa, killing after rape, killing, blazed by
fire, dowry demand, harassing, etc. are the common incidents cause of women
victimhood. Generally we see, Hindu teen aged girls and unmarried women are targeted
to forcefully accept other religions and kidnapped or abducted by the perpetrators. It
considers patriarchal strong. It appears social values of marriage between perpetrator and
the victim and create unwanted situation among the family and society.
Non-domestic violence data: January to 2011 September (Direct complaints)
Complaint Category General Minority Source
Rape 3 4 Bangladesh
Mahila Parishad
(BMP)
Human Rights
Congress for
Bangladesh
Minorities
(HRCBM)
Gang rape 2 3
Murder after rape 1
Torture on domestic maid
Murder of domestic maid
Teasing and attempt to rape 2
Attempt to rape
Suicide
Murder 1
Murder after burn 1
False Marriage 1
Sexual Assault
Acid Burn
Abduction/Kidnapping 2
Conversion 17
Others
vi. Domestic violence
Domestic violence exists in every society. Beating, slapping, sending women back to
parents’ house for dowry, verbal abuse, and abnormal behavior of in laws relations,
17

sexual abuse, physical torture, murder, forceful intercourse, sexual assault, false blaming,
scolding and bicker, etc. are the common violence has been perceived by the researcher.
Although Muslim married women can protest and protect them by applying
Mohammadan Law to some extent. Nonetheless, Hindu, Buddhist and Christian can not
apply their rights as per their family / personal law. Society also allows male’s decisions
in respect of dissolving parents or matrimonial dispute. Raising claim by married women,
if she is injured, denied and create abnormal situation that indicate more vulnerability of
affected woman. The main causes of domestic violence are power exercise under the
patriarchal system, male domination, conjugal conflict for various reasons, conflict for
non payment of dowry, violation of men’s order, negative impact on child and old age
caring by male members of family, etc.
Domestic violence data: January 2011 to September 2011(Direct complaints)
Complaint Category General Minority Source
Torture for Dowry 47 15 Bangladesh
Mahila Parishad
(BMP)
Human Rights
Congress for
Bangladesh
Minorities
(HRCBM)
Murder for Dowry 2
Attempt to Murder for dowry 1
Physical and Psychological
torture
70 32
Psychological torture 5 3
Marital Rape 50 13
Maintenance 19
Restitution of Conjugal Rights 2
Polygamy 23
viii. Social status of victim women
At present, social statuses of victim women are not good at all. The nature of aggression
varies the condition of violated women. Torture is a common known term as rape, gang
rape, and so on criminal offence and systematical torture happens frequently in
matrimonial and patriarchal society. The practice of believe in aggression among Muslim
women considered as power of female position in within household and tradition.
Nonetheless, minority women’s positions are not same. Generally, their (minority
women) statuses are social isolation, ritual purification, difficult in arrange marriage and
remarriage, increased demand of dowry, indirectly and directly forced to leave habitual
place or country, humiliation, unnatural death, murder, etc. Therefore, violated women do
not disclose the matter publicly. The social statuses of victim women demand otherwise
and destroy the honor and loose the social position due to the negative impact of system.
In larger scale, we see the some sensitive matters bear into positive result. Domestic
violence does not include as violence in public or create sensation. As a result we see that
women’s body is used to several purpose, like child bearing, caring, beating, harassing,
sexual victimization, or punishing or treating as lesser human being and undermine
feminine identity, grabbing their socio-economical status and controlling the common
interest of male groups.
9. Concluding appraisal: observation
18

A. Legal definition of women and national laws
According to section 10 of the Penal Code, 1860 the word ‘man’ denotes a male human
being of any age and the word “woman” denotes a female being of any age. The term
women is also define in section – 2 (G) of the Women and Child Repression Act 2000
(2003) as a woman of any age. In our constitution it is mentioned in article – 28 (2) that
women shall have equal rights with men in all spheres of the state and of public life. The
same article in clause – 4 states that nothing in this article shall prevent for the
advancement of any backward section of citizens. By amending the constitution through
XIV amendment it is provided that except three hundred seats of the parliament rest 45
will be preserved only for the women who will be selected as per the ratio of the political
parties representing in the parliament. In article 27 of the constitution provide that all
citizens are equal before law and are entitled to equal protection of law. In respect of
criminal offences a woman will get some preferences that a man such as death penalty
will not be applied against a woman if she is pregnant under section 382 of the CRPC and
also a woman even after committing a non-bailable offence may be released in bail under
section 489 of the same Code. There are some special laws in our country which was
enacted to protect women from repression. Such as: Women and Child Repression
Prevention Act – 2000 (2003), the Dowry Prohibition Act – 1980, the Child Marriage
Restraint Act – 1929, the Acid Prohibition Act – 1980, the Child Marriage Restrain Act –
1929, the Acid Violence Prevention Act – 2002, the Domestic Violence Act – 2010, etc.
B. How UN committee to the principle of equality?
The Charter of the United Nations was the first International Instrument to mention equal
rights of men and women in specific terms. In its preamble the Charter proclaimed the
determination of the people of the people of the United Nations, “to reaffirm faith in
fundamental human rights, in the dignity and worth of the human person, in the equal
rights of men and women and to employ international machinery for the promotion of the
Economic and social advancement of all people” have resolved to combine efforts to
accomplish this aims”. Article – 01, 08 also say about international cooperation and to
keep no restrictions on the eligibility of men and women. Other articles also realize the
human rights and fundamental freedom. The UDHR – 1948 also proclaimed the common
standard of achievement for all people. The IICCPR – 1966 provides the States parties
will undertake to ensure equal rights of men and women to the enjoyment of all civil and
political rights. The ICESCR – 1966 also says about ensuring equal rights to enjoyment
of all economic, social and cultural rights. The ILO 1958 define discrimination as
including any distinction, exclusion or preference made on the basis of sex which has the
effect of nullifying or impairing equality of opportunity or treatment in employment or
occupation. The UNESCO Convention 1960 also defined discrimination based on sex.
The first movement for women suffrage was raised in USA in 1861 and women suffrage
was recognized in 1920. In England the women who are above 30 years of age got an
opportunity to suffrage in 1808. In 1920 the women got equal opportunity in voting with
man in England. In Japan the women suffrage was recognized in 1947. In Switzerland the
women rights to vote was recognized in 1971. More international Instrument regarding
rights of women like the Convention on the political rights of women – 1952, the
convention on the Nationality of Married women – 1957, the declaration on the
Elimination of Discrimination against women – 1967, the Declaration on the protection
19

of women and children in emergency and armed conflict – 1974, the CEDAW – 1979 and
Optional Protocol also has been signed by Bangladesh as a State party.
Nonetheless, what we see in Family Courts and Hindu Law in respect of minority women
in Bangladesh?
C. Do family courts1
accept equality before law?
In Bangladesh under the Family Courts Ordinances – 1985 section – 5 of the Ordinance
provide that subject to the provisions of Muslim Family Law Ordinances – 1961 a Family
Court (i.e. Assistant or Senior Assistant Judge) will have jurisdiction over the following
matters i.e.
(i) Marriage and Dissolution of Marriage (For Legalize of Marriage or Divorce)
(ii) Restitution of Conjugal Life (its one kind of decree which can not be executed
for)
(iii) Dower (for Muslim women)
(iv) Maintenance (For Minor Children)
(v) Guardianship and Custody of Children (Woman is only Custodian not
Guardian)
Inheritance and partition suits will be tried by the Civil Courts. The family Court will act
through ADR (Alternative Dispute Resolution) i.e. mediation, arbitration, conciliation.
Section 10 if Family Courts Ordinance and Section – 2 of Muslim Family Ordinance at
first and if fails to compromise the dispute through settlement than judicial proceedings
will be continued. The Arbitration Council will be composed of by the Chairman of the
concerning Ups or Municipal Corporations and two other members each from the parties.
D. Does Hindu law recognize the principal of equality?
As to status of women there are certain contradiction with the modern principal of human
rights and fundamental freedoms but there are strict jurisdiction in this regard which will
be clear from the following discussion:
The ancient Hindu Law has its own version of the doctrine of equity, justice, and good
consideration. According to Goutama, “In cases for which no rule is given, that course
must be followed of which at least ten persons who are well instructed, skilled in
reasoning, and free from covetousness approve.” Yajnavltkya said that when on a matter
there were conflicting rules of law, the matter should be decided based on Nyaya, (natural
equity and justice). In modern version, the equity, justice and good conscience as source
of law owes its origin to the beginning of the British administration of justice of India.
Justice, equity, and good conscience have been generally interpreted to mean rules of
English law on the analogous matter as modified to suit the Indian conditions and
circumstances. However, we find that there is an area of Hindu law where rules of Hindu
law and English law have been blended together or where the rules of English Law have
been grafted on rules of Hindu Law.
1
See DLR 1985 Vol XXXVII(37), Bangladesh Statutes, pp 159-165, 244-245 and the family Court Rules,
from 335-236
20

E. Common concern of discriminations in Hindu law
We find that there are much discrimination between man and woman in the Hindu Law in
Bangladesh. Some points are discussed in bellow:
• Marriage practice
All Bangladeshi Hindus are complying with Dayabhaga law. There is hardly any
restriction on marriage of a Hindu male. However, there are many distinctions between
male and female in Dayabhaga Law in Bangladesh. Divorce is not in law except on a
very limited ground of chastity of wife. Wife and children are however entitled to get
maintenance from husband if left uncared. A widow is also entitled to get maintenance
from father-in-law’s estate if her husband has not left enough for her maintenance. A
Hindu widow can at will remarry. The law of remarriage was enacted in 1856 mostly at
the pursuance of Iswar Chandra Vidyasagar. According to Hindu Law, marriage is a Holy
union for the performance of religious duties. It is not a contact. It is sacrament and
certain ceremonies are essential to the legality of the marriage. From the ancient period,
two schools of thought about Hindu law, Dayabhaga and Mitaksara, according to these
two schools, marriage was eight kinds. They were Brahma, Daiva, Arsha, Prajapatya,
Asura, Rakshasa, Gandharva, Paisacha, of which the first four were approved and the last
four unapproved.
• Registration of marriage
According to Hindu social customs, Hindu marriages are solemnized through religious
rituals. There is no marriage registration system for Hindus in Bangladesh, except
Bangladesh Special Marriage Act – 1872. There is also no Hindu marriage law or Hindu
marriage registrar in the country except the said act. Therefore, if any Hindu woman
suffers in the hands of her in-laws, she does not get legal help. There is no provision at all
for the registration of Hindu marriages. It causes difficulty to women who seek to
validate their rights.
• Dissolution of marriage
The concept of divorce is not recognized under the orthodox Hindu Law in Bangladesh.
Manu believed that the duty of a wife continues even after death. She can never have a
second husband. The reason is that a marriage from the Hindu point of view creates an
indissoluble tie between husband and wife. Unless divorce is allowed by, the custom
neither party to a marriage can divorce the other party. However, through the passing of
Hindu Marriage Act 1955 in India some revolutionary changes have been introduced
regarding marriage and divorce. It is a permanent and indissoluble union (Shasric Hindu
law does not allow dissolution of the marital tie). Practically, there are increasing rate of
desertions. Deserted women live in double trouble.
• Adoption
There are two motives in adopting a son; viz. (i) to perform obsequies rites is honour of
the adoptive father and his ancestors, (ii) to be the successor of the adoptive father. Any
sonless man may adopt a son; ‘sonless’ implies the absence of son, grandson, and great-
grandson. Except for a Sudra, one cannot adopt a daughter’s son or a sister’s son. A
person’s single son cannot be given in adoption. A woman cannot give away a son
without the permission of her living husband. If the husband is dead, she can do so in the
21

absence of prohibition by the husband. An adopted son is placed on equal footing with a
natural son. Adoption is recognized under Hindu law. The aim of Adoption under Hindu
law is two fold.
 To secure spiritual benefit to the ancestors and to the adopter by having a son for
the purpose of offering funeral cakes and libations of water to the means of the
adopter and his ancestors.
 To secure an heir and perpetuate the adopters name.
In Bangladesh, the Shatric unmodified law relating to adoption continues exist. Under
this law have some condition:
 Only a male can be adopted.
 To the same caste as his adoptive parents.
 Mother is not within the prohibited degrees to his adoptive father could not have
married.
 Only a man can adopt unilaterally.
 A wife or a widow in most places may adopt only with the husbands express
consent.
• Property rights
The main points of difference between Dayabhaga and Mitaksara are: (i) Dayabhaga does
not recognize birthright to property, Mitaksara does so; (ii) Drayabhaga holds, right to
inherit and order of succession are determined by principle of spiritual benefit; in
Mitaksara blood relationship is the determinant. Spiritual benefit consists in performing
obsequies rites and offering pindas (rice-balls). Plainly stated, the right of a person to a
deceased person’s property is determined by his capability of offering pinda for the
benefit of the latter; (iii) In Dayabhaga, members of a joint family hold shares in quasi-
severalty; they can dispose of them even before partition; (iv) In Dayabhaga, even in an
undivided family, the window takes the share of her husband dying childless; in
Mitaksara, she cannot do so. All of the women are used her property in lifetime but
unlimited right. Moreover, there is a provision of “Streedhan” in Hindu law as women’s
property. But there is no definition of “Streeshan” and Bangladesh judicial system does
not granted any provision for claiming “Streedhan”.
• Maintenance
The term maintenance has been used in a wide sense. Hindu Adoption and Maintenance
Act – 1956 defines maintenance as provision for food, clothing, residence, education and
medical attendance and treatment. In the case of an unmarried daughter, it includes
reasonable expenses of her marriage. However, according to Hindu law, the husband has
the duty to maintain his wife and minor children. A father is bound to maintain his
daughter until marriage. The responsibility to maintain one’s wife is a personal obligation
arising out of the fact that she is his wife and independent of the possession of any
property by him.
E. Comparative analysis
• Right to marriage registration
Bangladesh Muslim Law accepts marriage registration, nonetheless Bangladeshi Hindu
marriage is sacrament, and it is a custom solemnized through religious rituals.
22

• Right to divorce
In Bangladesh Hindu women have no right to divorce at all. If any woman wants to stay
separately, she can file a suit for maintenance. On the other hand, in Muslim Law of
Bangladesh permit the power of right to divorce of women and claim compensation from
the other party.
• Right to property
According to Bangladesh Hindu Law, women get a limited share. They inherit life
interest in the property. There are five female Sapindas according to the Dayabagha law,
namely the widow, the daughter, the mother, the father’s mother, and the mother of
father’s father. No other female relation is recognized as heir by the said school.
Moreover, a daughter cannot receive any property; even she cannot get life interest in the
presence of son, grandson, and great grandson. Although in neighboring India, laws in
this regard have been updated since independence in 1947, in Bangladesh the pre-1947
laws are still prevailing. On the other hand, Muslim women can claim dower money
applying before court. Hindu women can not.
• Right to adoption
In Bangladesh, no other religion granted adoption except Hindu believers.
F. How do women deprive from their rights:
In terms of our country, the gap is wide between the ideal and the practice and this is
mainly historical reasons. But these reasons apart, it is the ingrained male feeling of
superiority that has primarily created an atmosphere wherein women are deprived of all
basic freedoms starting with education and thus are exposed easily to exploitation. Before
addressing legal enactment for the oppression of women and protection of their rights
these attitudes and wipe out the atmosphere of prejudice and neglect the privileges
towards women. In Bangladesh society and family suffers from the viral trend of
preferring a son over a daughter in all over the country. But disparity between men and
women in minority community stares in the face and several following questions still do
not have an adequate and satisfactory answer. The questions are:
1. How in public life – professions, business and services – women are not
adequately represented?
2. How in private life – property, marriage, divorce, adoption, worship – are not
guaranteed by religion?
3. Why the rate of suicide so high among women?
4. Why women are physical and mental subjected to torture or rape victim?
5. Why minority women are subjected to neglect?
6. Do Bangladeshi Minority women treat as equal as majority?
iv. Concluding summery of observation
Summary of observation in common discrimination among the people of Bangladesh
women’s position are as following:
• Women are subordinate to men
• Women are bound to follow the all restrictions of Hindu religion
• Women can not produce any evidence relating to valid marriage
• Women (minority) are deprive form succession
23

• Women can not adopt any children without prior permission of male partner
• Widows treated as a neglected person of the society
• Widows remarriage do not well accept in Bangladesh
• Women (Minority) can not dissolve marriage
• Women do not get any compensation
• Women usually do not want to go far away in search of job
• Women are not aware about the gender based violence
• Social recognition of women’s rights of inheritance and campaign to reduce
negative perceptions does not address
• Muslim women get privilege in application of existing personal law but
Hindu, Buddhist, Christian and ethnic women can not
• Family court is not equal
v. Suggested measures
• Family court’s Act – 1985 should be amended
• Community people should be united to fight against such mal-practice
• Since the matter is bargaining power to, power over and power of the people, so
voice should be raised with more argumentative
• People should sit together and discuss the dispute and decide not to discriminate
women
• Government should amend religious personal laws, such as: Hindu law of
Bangladesh
• Government should enact uniform family code
• Government should amend customary hereditary laws which accommodate
women’s property inheritance in personal law.
• Parents should encourage to give there daughters a share along with the sons.
• Government should formulation of national laws to become strong women
community
• Assess needs and adopt measures to provide access to justice and aware adopt
holistic behavior approach
• Government should establish separate rehabilitation centre for the minority victim
women
• Government should set up a Minority Human Rights Commission and a separate
Ministry for Minority Welfare.
• Government should take action against the peregrinators for any kinds of
violation of minority women’s rights.
vi. Concluding remarks
During few decades, feminists publicized many of the social problems of women and
advocated for equal rights for them in areas such as equal access to education, high
quality medical care, nontraditional jobs, and sports. As the struggle for equal rights for
women with men continued, women’s and children legal right to safety became an
important issue. Until that time, this widespread social problem was shrouded in secrecy
because women were fearful and ashamed to discuss their victimization publicly. Once
24

the extent of domestic violence became known, it became obvious that many women
were forced to stay in violent relationships because they had no legal recourse, no one to
turn to for help, no job skills or money with which to support their families, and no safe
haven to go to.
Bangladesh formerly East Bengal and then East Pakistan, shares two of he oldest and
richest cultural traditions of the world. On the one hand, it roots back to ancient Indic
civilization and on the other hand to Islamic culture. The crystallization of the Bengali
language from of the classical Sanskrit during the Indian medieval period provides the
region with a linguistic underpinning for its separate cultural identity2
.Moreover when
the Muslim influence spread to Bengali the area already had a rich accumulation of
Buddhist and Hindu cultures of at least fifteen hundred years and a complete structure of
society3
Since the authority of religious and customary laws is perceived to drive from people,’s
belief and practice from time immemorial any attempt at imposing change may be
perceived as an exercise in cultural imperialism and rejected as such. In order to change
such laws international instruments should seek to co necessity of the change. Such
persuasion must be based on the complete and realistic understanding of the rationale or
authority of these laws and of that way, they operate in practice. Moreover, no religion is
static. There is always room for interpretation and consensus among the believers which
can be utilized to obliterate perpetuation of gender discrimination at all levels of the
society.
In conclusion we can say that religious and class based discrimination has been observed
by this research work. The state approach in relation to gender is conflicted by the
following points:
1. The effort to bring of women in the stream of development driven by economic
and various national and international compulsion
2. Maintain and retain the structural and strategic gender based dominations under
influence of conventional and patriarchal outlook
3. Pressure of growing conservative reactionary process
4. Maintain patriarchal attitude and mentality of the society
5. Some strategic facilities have positioned men upgrade
6. Limited impact of domestic violence
7. Access to internal and external social and economic resources are not equal
8. Non-domestic violence positioned women in bellow/ lower
9. Minority women’s position in respect of domestic and non-domestic violence is
remarkable other than majority women
10. Practice and violence accepting the growing repression of women.
Ensuring full compliance with the human rights laws for women has relevance and
importance not just to women’s status in society, but also to the general health and well
being of the whole community. Without women’s full and equal contribution, society will
2 Spear, Percival: The Medieval Hindu Kingdoms from the Death of Harsha in A.D. 647 to the Muslim Conquest’. Spear, Percival (ed.): The Oxford
History of India, Oxford 1958, Page – 197
3 Ali, Anwer: ‘Muslim Mind and Society in Bangladesh: An Historical Retrospect’. In Ali Asgar (ed.): Islam in South and South –east Asia, New
Delhi – 1985, page - 185
25

be the poorer and millions of women will continue to suffer personally. It is an issue not
only of human rights but also justice and humanity. Lastly, we can end an optimistic
message exemplified by the well loved Maori blessings:
“May the calm be widespread, may the sea glisten like the greenstone, may the shimmer
of summer dance forever across your pathway”
Thank You
26

Final report to the SANAM

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