1. Human Rights Congress for Bangladesh Minorities (HRCBM)
Training Manual
Combating discriminatory law and policy in Bangladesh
Prepared By
Jhuma Halder
Bangladesh
Jhuma Halder

2. Mission:
• Assist in 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
Preface:
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 students/people on
masculine issues would defiantly have a positive impact on better justice as well as
creating social awareness on the issues. In this backdrop, a project titled “Addressing
discriminatory laws and rights of the minorities for advocacy and policy change in
Bangladesh through engaging male students/people of university.”
This manual has been developed for the training program of the university students.
Theoretical and practical impossible for them has been carried out by this manual which
is multi dimensional assistance that would truly helpful for making task to success
addressing gender, violence and masculinity. This training module depicted the exact
picture of masculinity of Bangladesh. The principal aims and objectives of this training
manual are ensure, establish, materialize and preserve 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 these people.
It spoke on the factors creating multi level torture, violence, persecution, conversion and
their most possible resistance courses, albeit, in explications it will maintain spaces for
furtherance of those explications.
Jhuma Halder

3. Opening session
Complete all the factors which expressed in simple and communicative way so that the
delivery can be understood even by a layman. Mood of approach and the environment of
the house would remain distinctive so that the recipients can contact with the points and
contents.
1.1. Objectives
• Regain constitutional rights
• Religious freedom
• Stop aggression against minority
• Involve Political empowerment through public support and become a
parliamentarian
• Building a strong chain among the religious and ethnic minorities and
marginalized people of Bangladesh
• Develop a sense of belonging to the community
• Economic growth, educational and social development
• Combating Defamation of Religions
• Boost the spirit of religious and ethnic minority and marginalized people of
Bangladesh as a member of global human family.
1.2. Guideline
• Welcome the participants
• Introduce everybody with pairs and know about their partners (use any innovative
method)
• Distribute programmes
• Pre-training questions
• Ground rules of the training
• Know about the expectations of participants
• Know about the participants perceptions
• Discuss the objectives of the training
• Effective communication
• Post-training questions
1.3. Participants Response / Discussion
• Will give an opportunity to analyze the topic individual viewpoints
• Sum up the session
• Presentation of the topic
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4. 1.4. Expected Outcome
There is a proverb “where women are honored gods feel delighted”. Violence against
women is a common incident in Bangladesh which published in daily newspaper.
Statistics of daily national and local news papers show everyday one Hindu woman is
subjected to torture. The violation of women rights perhaps most shameful human rights
violation. Therefore, our effort to sensitize the target group through awareness on
violence against minority women in difference sphere which is a major hindrance for
establishing human rights and advancement of minority women. Our mission is to
carrying out advocacy on different issues relating to masculinity which will prepare a
gender friendly notion. Promotion social awareness and initiates in the project to run our
activity in future. To increase awareness on gender issues among them will help to amend
Hindu Law and other discriminatory laws and policy in future and provide their sisterly
concern in family sphere that will increase the fundamental women’s human rights as
well as all minority rights and privileged. The loose of population, torture, humiliation,
threatening of Bangladesh minorities will be reduced in future.
Jhuma Halder

5. Acknowledgement
At first I am expressing my sincere and humble gratitude to all persons without those
advices, directions and assistance it would be impossible to carry out this manual. I
would like to express my gratitude to Mr. Rabindra Nath Trivedi, General Secretary;
Human Rights Congress for Bangladesh Minorities (HRCBM) – Dhaka for his generosity
and sincerity to help me to prepare this manual and upgrading the standards of it up to
international level. My sincere thanks also to extent to Mr. Dhiman Dev Chowdhury,
President, Human Rights Congress for Bangladesh Minorities (HRCBM) – USA for his
continuous connection and expert opinion in drafting this manual; has been very
significant to make this manual an upgrading one. I like to express my heartiest gratitude
to my respected senior Legal Practitioner Subrata Chowdhury, Senior Advocate,
Bangladesh Supreme Court, Bangladesh for his truly helpful for making the task a
success.
I also like to express my sincere thanks to another expert Dr. Debatosh Majumdar, a
Scholar of Emory University, Atlanta, who encouraged me giving very unique opinion.
I would like to thank to all the resource persons of South Asian Network to Addressing
Masculinity (ASNAM) with it’s entire team for their materials and guidelines to
comprehend the concept of masculinity in South and Central Asia.
Finally, I convey my heartiest gratitude and thanks to Ms. Protiva Mutsuddy, Director,
Kumudini Welfare Trust of Bengal (Bd.) Ltd. for her continuous advice, direction and
assistance and sincere support for this task.
Methodology
The methodology of developing a training module mostly followed the secondary sources
of information like articles, books, journals, investigative reports, case study, research
reports and newspapers, UN Conventions. Relevant literary review collected through
Internet browsing and consultation with the experts and legal practitioners.
Jhuma Halder

6. Table of Content
Part – I
A. 1. Understanding Self
1.1. Special knowledge,
1.2. Everybody has some specialty
1.3. Expertise,
1.4. Emotional Health,
1.4.1. Self Awareness
1.4.2. Management of feelings / emotions
1.4.3. Motivation
1.4.4. Interpersonal skills
1.4.5. Empathy,
1.4.6. Antipathy,
1.5. Social Engineering,
1.6. Traditional approach,
1.7. Conflicts
Part - II
B. 2. Basic Understanding of Masculinity
2.1. Practice,
2.2. Identity (Dominant Form),
2.3. Issue of hierarchy and hegemony,
2.4. Historical political modernity,
C. 3. Characteristic of Masculinities,
3.1. Manhood and Womanhood,
3.2. Blending gender and politics,
3.3. Patriarchy,
3.4. Reflecting Process,
3.5. Social embodiment and reproductive arena,
3.6. Control over body,
3.7. Control over sexuality,
3.8. Women subordination
Part - III
D. 4. Forms of Discrimination
4.1. Constitution,
4.2. Social and Economic Discrimination,
4.3. Persecution,
4.4. Civil liberty force,
4.5. Discriminatory Legal Instrument,
4.6. Religious endorsement,
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7. 4.7. Rigorous Tradition,
4.8. Security Problems,
4.9. Privileged bodies,
E. 5. Consequence of Discrimination
5.1. Negative Image,
5.2. Torture,
5.3. Lose of population,
5.4. Legislative enactment,
Part - IV
F. 6. Role of Students
6.1. As minority
6.1.1. Knowing Ourselves
6.1.2. Learning to work together
6.1.3. Improving relationship
6.2. As human being
G. 7. Reverting Self
7.1. Prejudice: Overcoming barriers
7.2. Accepting vulnerabilities and trusting strengths
7.3. Looking beyond stereotypes
7.4. Acknowledge the pain
7.5. Eliminate discrimination in public and private sphere
H. 8. Process of Change
8.1. Instability
8.2. Contradiction
8.3. Colonialism
Part - V
I. 9. Addressing Unequal Legal Instruments, Legal decisions, discriminatory law
and policy
9.1. Legal decisions
9.2. Legal definition of women and national laws
9.3. Principal of equality
9.4. Family court
9.5. Hindu law
9.6. Discrimination in Hindu law
J. 10. Conclusion
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8. Note for the trainer
This training manual is précised, substantial and indicative. Trainers are humbly
requested to follow their won ways in understanding and explaining the manual, only
they should estimate the level and magnitude of need of the trainees and try to comply
with that as far as practicable. Of course the trainers are learned, competent and aware of
the distinctions between minority rights, women rights and human rights. The barriers
must be carefully ascertained and maintained so that the trainees do not get confused. In
terms of substantiality the manual is exhaustive. It begins with a philosophical query to
understand the human persona with legal expertise. The thematic approach maintained in
the manual in short is serially come as Who are we? How masculinity affect us in private
and public life? Why discrimination is going on? How could we grow the social and
political perception on masculine issues to resist lose of population?
Objectives
• Understanding the magnitude of their (Students) responsibilities and realize their
understanding duties to protest the violation of their rights
• Develop their personal schemes and integrate it with other maneuvers of different
stakeholders
• Can support gender balancing affairs in personal and public life
• Can apply different resistance courses in terms of laws in national and
international level against any forms of violation of ethnic and minority rights
Challenges:
• Constitutional Barrier
• Unequal application of Law
• Social, political, economical and cultural disparity
• On going Discrimination and Torture
• Orthodox Legal Instruments
• Discriminatory domestic laws
• Traditional approach towards gender issues
• Survival Inequality
• Strong anti female demand
• Unequal facilities
• Trends of discrimination
• Domestic violence and physical victimization
• Low level of literacy among men, women and trans gender groups on the topic
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9. Presentation of Topics
Part – I
A. Understanding Self:
Students determined to combat discriminatory laws and policy that should have a proper
self realization especially with regard to the gravity to their status and magnitude of their
responsibility as an integral part of their fighting tactics. Knowing the self supports a
person to step ahead. Helping others gives a feeling of satisfaction and strengthens self
esteem. Students must learn to develop own ability to think clearly, learn to act on own
decisions, begin to make well thought out decisions and willing to live with the results of
actions.
A. 1. Special knowledge:
Knowledge can be distinguished from mere facts by the way it is used in decision
processes. A fact can not be used in a deciding process whereas a piece of knowledge,
either scientific or from common sense, can. In fact knowledge and vice-versa depending
on the situation at hand. The situation provokes an activation of certain parts of the
memory transforming the facts stored there into knowledge. Usually, knowledge is
situation-independent and is thus more generic. This distinction is not easy to make and
the frontier between facts and knowledge is blurred.
A. 2. Everybody has some specialty:
The socialization process occurs dealing with the world around one and starts to discover
way for every individual. Everybody responses based on practicing social skills which
belong some internal quality by pretending to be grown up from the infancy and early
childhood. Everybody experienced in his own expertise.
A.3. Expertise:
Every adult person considers future career for steer the degree of stress. Educational
requirement constantly uphold the employment opportunity but publication describe the
expertise the person achieve. As society challenges the elderly people need more
services. So expertise need outside help to solve the problem.
A.4. Emotional Health:
Emotional health is just as important to your total wellness as physical health. Emotional
intelligence is the habitual practice of using emotional intelligence from ourselves and
other people, integrating this with our thinking and using these to inform our decision
making to help us get what we want from the immediate situation and from life in
general. Emotional health refers to a person’s feeling about him/herself, his/her feelings
and behavior with others, her/his capacity to meet the demands of everyday life.
Emotional health includes as following:
A.4.1. Self awareness:
The ability to reflect on one’s own life and self with a critical, yet understanding, eye and
the awareness of one’s strengths/weakness, emotions, needs, etc. From early childhood
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10. children view of themselves based on the way they treated by family member. Self
awareness adjusts itself according to what happens to you. It can change according to
success and failure. To be self aware people need to develop sense of belongingness.
A. 4.2. Management of feelings/emotions:
Emotions are feelings experienced in reactions to thoughts, remarks, or events. It is
automatic responses that neither right nor wrong. Some emotions are very common ones.
The ability to monitor and control one’s emotions helps to move toward maturity.
Control, however, does not mean stopping emotions, but having enough control over
them to be able to express then in variety of ways – and then, consciously and
responsibly, deciding how to best express then in a given situation.
A.4.3. Motivation:
The driving force, energy, and hope that comes from having a purpose, goal, and interest
in one’s life. Motivation is a skill to drive another person in understandable reasons for
suspicion and fear, where we need be careful.
A. 4.4. Interpersonal skills:
Interpersonal skill means the ability to relate to other people and to form healthy,
fulfilling and meaningful relationship in one’s life. A move towards gender equality has
changed the way men and women are treated in many arenas. In the world of work,
women are generally advancing level of responsibility once reserved for men. Men are
doing jobs once done mainly by women and vice versa. In the home, attitudes about what
males and females “should” do are giving way to dividing responsibilities according to
their skills.
A. 4.5. Empathy:
Empathy is the ability to understand other people’s feelings and needs and to be able to
look at things from their point of view. For this reason, a sense of responsibility and
empathy is the basic attitudes, which are the essential for successful communication.
Responsibility is for your own ideas and feelings. It is free of assumptions, criticisms and
speculations. This invites the listener to understand your point of view.
A.4.6. Antipathy:
The origin of antipathy has been subject to various psychological explanations, which
some people find convincing and others regard as highly speculative. Every relationship
affects sense of ability which involves talking clearly or writing clearly/neatly. If you are
open minded and willing to try you can find improve. But it is important to act in
response while listener responses are known as feedback.
A.4.7. Social engineering:
Human are social being. It is simple to contribute non violence, non discriminate, cultural
activities through social engineering. Society has unleashed upon itself. Society cannot
dispense with the concept of truth. If anyone refuges to use culture, religious and political
differences among people to stereotype as less than human, as worthy of discrimination,
injustice and violence, social engineering can change this differences. Restrain and
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11. compassion are qualities which will always be necessary for human society to survive in
social engineering. Systematic violence is the lubricant of all oppressive social relations.
Social engineering teaches to respect for humanity.
A.4.8. Traditional approach:
Traditionally violence directed at laborers and women and children in the substratum of
patriarchy and exploitation. The fact belongs to backward castes and there is no hue of
cry over the atrocities by the political representatives of the backward class which show
themselves as politically progressive have scant commitment to individual liberty or the
human rights of women and children. It should seem that instances of domestic violence
are accepted as normal when the victims are women. The social conscience of the
articulate middle classes is far more exercised over financial matters than the loss of
human life or the humiliation of weak and helpless citizen.
A. 4.9. Conflicts:
Much of state policy in relation to gender concerns controls over women’s bodies, and
these can be difficult to change. A feminist presence within the state is found in other
parts of the world. Feminist movements have had good many legal and constitutional
victories. Unfortunately, the ubiquity of domestic violence and social degradation
accustoms people of physical intimidation. Conflict and violence signals the end of
conversation, blurs the sense of time, cause and effect and feeds upon it. Violence also
has the unique quality of legitimizing it retro activity.
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12. Part: II
B. 1. Basic understanding of masculinity:
The word masculinity refers to one’s gender identity. Femininity and masculinity are
rooted in the social rather than the biological.
B.1.1. Practice:
The individuality of gender to men and their inability to look at themselves as gendered
remains the biggest challenge in creating spaces of self reflection that could contribute to
challenging dominant forms and practices of masculinities. Looking inward can be
challenging for men for two reasons; on the one hand, because the overt message from a
patriarchal society for men is that “You are OKAY simply because you are a man”. On
the other hand the somewhat covert message is that ‘to be men you must be strong,
powerful and potent’ and here lies the link with masculinity. So men, perhaps have a
much harder time looking at their bums, blemishes or owing up to chinks in their armor
because they have to struggle against two forces, patriarchy and masculinity.
Consciousness rising in feminist practice has been linked to sharing personal stories that
trace the trajectory of socialization and experiences around injustices and victim hood.
These have been at the heart the women’s struggle against two forces, patriarchy and
masculinity. It is important to recognize how these messages are inherently part of the
socialization process for both male and females. These norms lead to inflexible gender
stereotyping which impact women in obvious way e. g. restricted mobility, withdrawal
from school, control over interactions with male and heightened threat and presence of
violence.
In Bangladesh the religious minorities are not getting equal opportunity to claim their
rights equally where as the majority women can claim. On the other hand, gradually
increasing minority women repression addresses the necessary actions to improve this
situation. The Constitution of People’s Republic of Bangladesh also provided provision
equality before law and no discrimination on the grounds of religion. etc. It is very
interesting that all the backward sections of citizen (religion, race, caste, sex, or place of
birth be subjected to any disability) entitled within the section where women claim the
equal rights in all spheres of the State and of public life.
B.1.2. Identity (dominant form):
The term identity has a long history in philosophy and literature and has gone through a
curious shift in meaning. It was originally one of a family of philosophical and religious
terms that expressed the theme of unity. It is important to distinguish “gender identity”,
“gender role”, “gender stereotypes” and “gender attitude”. Although gender role, gender
stereotypes and gender attitudes influence one’s gender identity. The defense of
patriarchal gender orders has not, on the whole, required social movements among men.
Certainly gender on the large scale has a political intent; I mean most of the discussions
of gender concern the personal issue, such as identities, motherhood and child rearing,
family life, sexuality and their pathologies, such as prejudice, domestic violence and rape.
However, the question “who am I?” is answered by the ego’s success. The key
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13. application focuses on the personhood involvement with the sexual practice, racial
identity, class identity as the dominant form of the society. Some logical diversity among
religion and culture are framed within the class identity. Like the claim of individual
about whom or what they are terms of differences from other people. A wave of
bombings, assassinations and religious violence are the dominant from of identity in
Bangladesh.
B.1.3. Issue of hierarchy and hegemony:
When political, economical or any cultural power exerts by the dominant group over to
other group, hegemony requires the consent of the dominant groups ruled over
downtrodden groups. It is an ultimate process of hierarchy. Patriarchy, part of societal
hierarchy between men and women, describe as a relationship of dominance and sub
ordinance sturdier that any other segregation and more rigorous that class stratification,
more uniform, certainly more enduring and more simply as the systematic domination of
women by men and domination of men by other men. Equality before law has been a
doctrine well recognized in international law since the adoption of the 1948 (UDHR).
The issue of gender quality was placed on the policy agenda by women. Gender
inequalities are embedded in multidimensional structure of relationships between women
and men, which, as the modern sociology of gender shows, operates at every level of
human experience, from economic arrangements, culture, and the state to interpersonal
relationships and the individual emotions. The power of legislation, the power of
president and the judiciary is the most visible hierarchy in Bangladesh. Bangladesh is a
democratic country in paper. Through constitutional amendment and several application
of the power of presidential hegemonies have come out which created a panic situation
among religious minorities.
B.1.4. Historical political modernity:
The past invoked by nationalist thought in nineteenth century India is almost exclusively
a Hindu past. The struggle for liberation as envisaged in the relevant literature refers
equally exclusively to the attempts of Hindu chieftains to preserve their autonomy from
the onslaught of Afghan and Turkish rulers whose religion happened to by Islam. These
medieval struggles were repeatedly portrayed as a Titanic crusade between Islam and
Hinduism. This particular vision of history is certainly of late eighteenth and early
nineteenth century origin. The response to this on the part of the minorities was
noteworthy. Being assured of their essential religious and cultural rights through the
Constitution itself and its guardian the Supreme Court, they were ready to give up the
demand for political safeguards in the form of communal electorates and reservations.
Thus that fateful experiment which in spite of the security it had given to the minorities
has tended to isolate them from the mass of their fellow citizens and had increased
mistrust and suspicion and helped to break up the unity of the country, came at last to an
end. Bangladesh can look forward to an era of progressive co-operation and
understanding between the communities and the gradual achievement of perfect political
homogeneity. Nevertheless there are elements and sections among the minorities who do
not feel assured that their religious liberties and freedom of action are entirely secure
under the present conditions. They fear that their religious affiliations will facilitate even
economic discrimination against them and thus indirectly impoverish the community and
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14. diminish the prestige of their faith. It is necessary to examine those fears and see if and to
what extent they may be justified; to find the means of dissipating those fears so that, on
the threshold of our status of sovereign independent Republic of Bangladesh and in the
enjoyment of our new found liberties we may all work unitedly for the prosperity of our
common Motherland.
C.2. Characteristic of masculinities:
Masculinity refers to the socially produced but embodied ways of being male. Its
manifestations include manners of speech, behavior, gestures, social interactions, a
division of tasks proper to men and women (men work in offices, women do housework)
and an overall narrative that positions it as superior to its perceived antithesis femininity.
C.2.1. Manhood and womanhood
Gender refers to the roles and responsibilities of men and women that are created in our
families, our societies and our cultures. The concept of gender also includes the
expectations held about the characteristics, aptitudes and likely behaviors of both women
and men (femininity and masculinity). Gender roles and expectations are learned. They
can change over time and they vary within and between cultures. Systems of social diff
eventuation such as political status, class, ethnicity, physical and mental disability, age
and more, modify gender roles. The concept of gender is vital because, applied to social
analysis; it reveals how women’s subordination (or men’s domination) is socially
constructed. As such, the subordination can be changed or ended. It is not biologically
predetermined nor is it fixed forever. To most people, being a man or a woman is above
all a matter of personal experience. It is something involved in the way we grow up, the
way we conduct family life and sexual relationships, the way we present ourselves in
everyday situations and the way we see ourselves. Ideologies of natural difference have
drawn much of their force from the traditional belief that gender never changes. Human
history represents a new process of change. In the broadest perspective, gender represents
the transformation of sexual reproduction by social action. Human collective capacities,
organized through social relations, lead to entirely new possibilities. We teach new
generation. Some biological features of human ancestors were certainly preconditions of
change. There has been endless speculation about the origin of gender primitive
matriarchy or primordial patriarchy. There are several ways in which gender relations
might cease to be important conditions of social life. They might be weakened by an
internal uncoupling so that gender patterns of one domain of practice cease to reinforce
those in another. For instance, symbolic gender distinctions might remain, but equality of
power is achieved or sexual connection ceases to depend on membership of a gender
group.
C.2.2. Blending gender and politics:
Gender politics has be to understand as more that an interest group struggle over
inequalities. In the most general sense, gender politic is about the steering of the gender
order in history. In represents the struggle to have the endless recreation of gender
relations through practice turn out a particular way. The definition of gender politics
includes the intimate politics of personal life as much as the large scale politics of
institutions. The making of the configurations of practice that we call ‘masculinities’ and
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15. ‘femininities’ has a political dimension is a matter of social struggle. Consciousness
raising formal education and therapy are among the benign forms. School and family
discipline, confrontational policing, imprisonment are less benign but equality political,
being applications of power intended to shape personality – and often calling out protest
masculinity among working class and ethnic minority boys and young men. Hindus
directed to children and youth are among the manipulative forms.
C.2.3. Patriarchy:
Patriarchy refers to a system of social organization which is fundamentally organized
around the idea of men’s superiority to woman. Within this system, even those who many
not approximate to the male ideal (such as homosexual men) still stand to benefit from
the privileges attached to being a man. Though its is difficult to posit simple definitions
of patriarchy refers to the systematic relationship of power between men and women,
whereas masculinity concerns both inter and intra-gender relationships. And, while it
cannot be argued that under patriarchy all forms masculinity is equally valorized, there is
nevertheless an overwhelming consensus regarding the superiority of men over women.
Patriarchy makes men superior, whereas masculinity is the process of producing superior
men. Historical patriarchal experience shows that female are as usual excluded from all
types benefit through patriarchal system and in this point we can say no man has been
excluded from the historical record because of his sex, yet all the women are. As a group
of all men and women of Bangladesh minorities are suffered exclusion and
discrimination because of their class not sex. Since the process of meaning giving is
essential to the creation and perpetuation of civilization we can see at once that minority
women’s marginality in this endeavor places in a unique and segregate position. Muslim
women are majority, yet the women structured in to social institutions as though we are a
minority.
C.2.4. Reflecting process:
Imperialism and globalization have created institutions that operate on a world scale.
Possible change to managerial masculinity in the new context of transnational business
has been the topic of recent debate and research. The contradiction between women’s
centrality and active role in creating society and their marginality in the meaning giving
process of interpretation and explanation has been a dynamic force, causing women to
struggle against their condition. When in that process of struggle at certain historic
moments the contradictions in their relationship to society and to historical process are
brought into the consciousness of women they are then correctly perceived and named as
deprivation that women share as a group. This coming into consciousness of women
becomes the dialectical force moving them in to action to change their condition and to
enter a new relationship to male dominated society. The existence of patriarchal is
historical. Initially historical question regarding patriarchal system becomes established
and institutionalized. The process was manifested in changes in kinship organization and
economic relations, in the establishment of religious and state bureaucracies and in the
shift in cosmogonies experiencing the ascendancy of male god figures. The economic,
political and judicial status of women could be visible in reflecting process.
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16. C.2.5. Social embodiment and reproductive arena:
Bodies have agency and bodies are socially constructed. Biological and social analysis
can not be cut apart from each other. But neither can be reduced in the world. In practice
bodies are involved from social structures and personal trajectories, which in turn provide
the conditions of new practices in which bodies are addressed and involved. Clearly we
need better way of thinking about differences and bodies. Human shares with many other
species, plants as well as animals, the system of sexual reproduction – a method of
reproducing which allows genetic information from two individuals to be combined,
rather than just one to be copies. Among mammals females are not only reproduce but
also carry fetuses in a protective womb. Humans are mammals with well differentiated
reproductive systems, but modest physical differences between sexes in other respects.
Human male do not have antlers. Physical difference between male and female can
change over the lifespan. In the early stages of development, male and female bodies are
relatively undifferentiated, there are only small differences between a two years girl and a
two years old boy. Women are sexually and economically subordinated to men, they still
play active and respected roles in mediating between humans and gods as priestesses,
steers, diviners and healers. Metaphysical female power, especially the power to give life,
is worshiped by men and women in the form of powerful goddess long after women are
subordinated to men in most aspects of their lives in earth. The dethroning of the
powerful goddesses and their replacement by a dominant male god occur a strong and
imperialistic kingship.
C.2.6. Control over body:
Historically the human rights regime is located in the relationship between the body and
the state and where the body is conceptualized as sacred and vested with inalienable
entitlements. As such the idea human rights are based on a certain understanding of
personhood. At the risk of oversimplification, human rights are an articulation of the
imagination of the world in terms of subjects it is a culmination of a long colonial history
and creation of mechanisms through which the post colonial world is to be regulated.
Most significantly, it enables the framing of complex power dynamics in the body, in
terms of individual experiences. This often means that we understand and address power
without the examination of social, cultural, economic and political processes are brought
in to activism and analysis they are understood in terms of how they affect the individual
or community. All powerful God “Lord” and “King” establishes him as a male god and
female sexuality other than for procreative purposes becomes associated with the sin and
evil. In the establishment of the covenant community the basic symbolism and the actual
contract between God and humanity assumes as a given the subordinate position of
women and their exclusion form the metaphysical covenant and the earthly covenant
community. Their only access to God and to the holy community is in their functions as
mothers.
C.2.7. Control over sexuality:
Human rights are perhaps more naturalized is queer activism than sexuality. Just as every
person simply has sexuality every person has human rights. Discrimination of the basis of
sex, gender, caste, race, and so on is present. The sexual orientation can not be permitted
in civilized societies. The emergence of the idea of sexuality as the framework of
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17. understanding our sexual espousal implicates us in process through which certain
ordering of experiences and certain mechanisms of regulation, of post colonial regulation
come to manifest. There are two aspect which have been processed through which queer
activism has come to be constituted in terms of this historically particular idea of
sexuality. First is the fact that queer activism has arisen in response to violence in
response to discrimination and what perhaps inaccurately is being seen as an all pervasive
homophobia. It is focused on a framework of violence. But the reason for this is not
limited simply to the fact that the movement is galvanized by experiences of exclusion
and of violence. It is something to do with the way in which power is addressed in
progressive circles.
C.2.8. Women subordination
The sexual divisions have developed as a means whereby the family supervises relation
between the sexes so as to ensure that children are not produced until they can be catered
for at as good, or at a higher, standard of living than they themselves enjoy. As evidence
women cites the relatively high levels of illegitimacy occurring where divisions of labor
between the sexes are minimal. While feminists and socialist women have found
common cause in the belief that woman should be liberated from economic dependence
on me, there have always been differences of opinion about the mature and the extent of
the social changes necessary to bring about this transformation. Bourgeois feminist’s
campaign for women’s right to paid work and equal pay at work and in so doing form
common cause with socialist feminism. Like socialist women, they too stress the
emancipatory effect of material independence for women. More problematic and
consistently division is the attitude which bourgeoisies feminists and socialists take to the
question of the link between patriarchy and capitalism and the importance of locating
class conflict as major cause of women’s subordination.
Jhuma Halder

18. Part – III
D. 3. Forms of discrimination:
Understanding of Islamic feminism can contribute to productive dialogue about the future
of Muslim women in the Both Islamic and secular states. There is pragmatic value to
developing a standard for Islamic feminism that can be “modern” and help up to more
oppressive local minority conditions or politics and their extremes of patriarchy
.
D.3.1. Constitution:
Although Bangladesh was founded as a secular republic in 1971, a new provision was
added in the country's constitution by the former military ruler General Ershad in the
1980s in which Islam has been declared as state religion. However, this new provision
did not affect the status of the minorities and the constitution does not allow any
discrimination against anyone irrespective of their religion, cast or creed. But allegations
of discrimination against the minorities are not something unheard of in Bangladesh.
Allegations of intimidation of Hindu voters and revenge attacks following elections were
also reported during the last two general elections in 1991 and 1996. But 2001 pre and
pro-poll violence reports of such attacks were more widespread. Killing Hindus, raping
Hindu women, occupying Hindu properties are daily affair in Bangladesh. No riot ever
took place in Bangladesh because Bengali Hindus never know to strike back. It is a one-
way killing always. Adopting 5th and 8th amendment to the Constitution, and made
minorities a second-class citizens in the People’s Republic; These discriminatory laws
and post seventy-five constitutional amendments not only hurt the feelings of the
minorities severely, their confidence on Bangladesh state machinery have been dwindled;
they have been effectively transformed into second class citizens. As a result the minority
community, a very much-advanced component of population, is unable to contribute to
country’s development activities.
However, some amendment of this constitution and so many anti human rights laws
enacted in Bangladesh during decades that enhanced the magnitude of human rights
violation of citizen of Bangladesh. Article - 7 of the Constitution of Bangladesh mentions
that the constitution is the “Supreme Law” of the country and if any other law is
inconsistent with the constitution that other law shall, to extent to inconsistency, be void.
Again 26(1) mention that all laws inconsistent with the provisions of the fundamental
rights part (III) shall be extend of such inconsistency, become void on the
commencement of this constitution. In addition, sub-article (2) of the same article
mentions that the state shall not make any law inconsistent with any provisions of this
part, any law so made shall, to extent of such inconsistency, be void. In a judgment of
Supreme Court of Pakistan in Abu A’la Maudoodi vs. Government of West Pakistan,
quoted by Pirzada, Sharifuddin, AIR, 1950, SC Page – 101, we see that the Bangladesh
constitution has imposed some restrictions in enjoying some fundamental rights.
According to this restriction, all fundamental rights enumerated in the Bangladesh
constitution may be classified into three groups. Such as (i) Absolute rights (Article – 27,
28, 29, 30, 33, 34, 35, 44), (ii) Rights on which reasonable restriction can be imposed
(Article – 36, 37, 38, 39, 41, 43), (iii) Fundamental rights which have been practically left
to the legislature (Article – 31, 32, 40, 42). As a result, when High Court Division of
Jhuma Halder

19. Bangladesh Supreme Court encourages conversion to Islam by giving an order in
Criminal Appeal No.4558 of 2009 and Criminal Appeal No. 5879 of 2008 we have
nothing to do against the gross violation of minorities’ rights especially Hindus.
D.3.2. Social and Economic empowerment (Discrimination):
In Bangladesh Hindu women’s heterogeneous realities challenges, mainstream
feminisms, since these women’s lives as products of local cultures and politics, do not fit
into typical feminist ideological compartment. Hindu women’s lives do not conform to
the rigid parameters of a secular or Islamic nation but that are impacted by women’s
class, region, ethnicity and local politics. This variable could potentially give women the
option to negotiate their status and rights contrary to the dominant ideology; current trend
toward Islamization of nation states tends towards a shrinking of the space. The reality
for all women, religious or no-religious is that they live in patriarchal cultures. Under
patriarchy there are situation where women willingly conform to Hindu norms which is
regularly seen in every where in the space and it recognized the discourse of Hindu
women’s rights, lives and status of global masculinities and power games plays out
through over women’s bodies. Interestingly, good women are always obedient. The
complementarities of gender, the dominance of men over women is reflected in verses
where men have the right to reprimand their wives, physically too. It takes two women’s
testimony versus one man’s divorce is not a social norm as per Hindu rituals. Society
invokes only life long separation with maintenance or without maintenance which is
changing times and discourses based on human rights and citizenship. On issue of
policies and laws relating to civil maters like guardianship, dower, divorce, maintenance,
etc. are underlying the message in Vedas. The women are seen equal but different. The
concept of Religious patriarchy may appear to some extent in feminism that defines
sexual inequality. This does not perceive in men’s role in as “protector and provider” of
women and children. Academically, debates of socio-economic empowerment within the
Islamic country Bangladesh diffuse patriarchy as a universal phenomenon with the word
of God.
D.3.3. Persecution:
In the last sixty years (1947-2008), more than ten million of the country's Hindu's have
fled to India in the face of sustained persecution and periodic riots with its poverty and
frequent cyclones, Bangladesh are major news each year. But the unfolding fate of
Hindus in the country rarely makes headlines. The numbers tell the story. In 1872, 53%
of the people in what is now Bangladesh were Hindus. In 1900, it was 32.7%, and by
1947, 22%. Today it has dropped to 10%. Conceivably, by 2050 Bangladesh will have
achieved the status of Pakistan: no significant Hindu population. This is a gut-wrenching
story of a people systematically hounded out of their ancestral land because of their
religion, a story largely ignored by the world. At the time of country's partition, the
Hindu population in East Pakistan was 11.4 million or 29.17 percent of the total
population. It has decreased alarmingly over the last few years and stood at 15.6 million
in 2001. In other words it has come down to 12 per cent of Bangladesh's total population
of 130 million. The Hindu population however, should have been 44.4 million in
Bangladesh in 2001 as per the normal annual growth rate of 2.5 per cent and had been no
migration of Hindus.
Jhuma Halder

20. Once in reply to BBC’s question Mrs. Indira Gandhi said, "Of course, had the
Government of Bangladesh adopted the Islamic principles, the question of the Hindu
minority would have arisen. The Hindu minority might also leave Bangladesh for India
creating new economic and political problems for India. Yes, problems have been created
over the years both for India and Bangladesh. It has been observed that the fate of the
minority was often determined by Indo- Pakistan/ and now Bangladesh relations. If the
relations between the two countries deteriorated, the Hindu minority would almost
certainly suffer. The events of those years in both pre and post independence of
Bangladesh 1950, 1964, 1965, 1971, 1977, 1988, 1990, 1992, 2001 described the real
scenario that caused to persecute elsewhere out of Bangladesh.
Mrs Gandhi’s apprehension came true. In other occasion Meghna Guhathakurata,
Executive Director, RIB, observed: “The future of the rights movement in Bangladesh
rests on equal participation of all sections of the people. This particularly refers to
minorities; religious, ethnic, caste-based, and linguistic who in times of trouble, find
themselves in a position to defend respectively their physical, economic and cultural
rights to life, land and traditions, rights that has been promised to them by the
Constitution of this country”.
D.3.4. Civil liberty force:
In Bangladesh, the Hindu minority becomes the coveted enemy under Vested Property
Act. Many believed that the agony of the Hindus would be over and they would regain
their lost honor with the liberation of Bangladesh in December 1971. It was entirely a
mistaken notion. By and large, the successive Governments in liberated Bangladesh have
followed the same policy as was pursued and practiced by Pakistan towards her Hindu
and other minorities. Under EPA/VPA, 1.64 million acres of land belonging to the
Hindus have been grabbed-the market value of 60,000 crore (Taka) in Bangladesh
currency. It needs to be mentioned here that a large number of the land grabbers are
leaders of most of the political parties of Bangladesh. It is, therefore, doubtful whether
the Hindus would get back their grabbed properties at all. Unless there is a radical change
of policies and establishing constitutional equal rights including (for proportional
representation in jobs (both civil and army and police) and reserved seats in parliament,
municipalities, university syndicates and high court benches) on the part of the present
Bangladesh Government towards its Hindu minority, their future is indeed bleak and
uncertain. They will, therefore, have to opt one of the options out of the three (Hindu can
embrace Islam, leave the country or commit suicide"). In the post -August 1975 the
changes in the attitude towards minority and Jamaat as well right-wing religious forces
became partner of the power game and the army became the arbitrator in Bangladesh
politics.
D.3.5. Discriminatory legal instrument:
The VPA has violated the fundamental concept of the Hindu Law a body of rules,
customs and usages guiding the beliefs and ways of life of the Hindus. There are two
schools of thought about Hindu law, namely Dayabhaga and Mitaksara. The main points
of difference between Dayabhaga and Mitaksara are:
(i) Dayabhaga does not recognise birth-right to property; Mitaksara does so;
Jhuma Halder

21. (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.
In case of inheritance from father, according to Dayabhaga law, sons exclude others
except in case of non agricultural property. In case of non agricultural property a wife
gets a share equal to that of a son. Sons or son of a predeceased son inherit from their
grandfather the share which their father would have inherited if had been alive at the time
of their grandfather's death. If neither sons nor wife, nor sons of a predeceased son is
alive, the daughter or daughters inherit with the priority to the maiden daughters. Barren
widowed daughter or daughters having no son or probability to have no son are excluded
from inheritance to their father. Loss of chastity is also a ground which can exclude a
wife or daughter from inheritance. Only five classes of women inherit according to
Dayabhaga School of Hindu law. They are according to preference: wife, daughter,
mother, father's mother, father's father's mother. But these women inherit only in life
interest, which is they are owners with 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.
Stridhana Property acquired by women or received as gifts are own property of women
and are called stridhana property. They can sell or give away this property as per their
desire. Stridhana are devided into four classes according to the origin of acquisition by
woman. Succession to stridhana is also different giving the daughters a better right of
inheritance. The order of succession to stridhana, depending on its different kinds, is as
follows:
(i) Sulka (bride's price): full brother, mother, father, husband;
(ii) Yautuka (gifts made at the time of marriage): un-betrothed daughters,
betrothed daughters, married daughters having or are likely to have sons,
barren married daughters and childless widowed daughters sharing equally;
sons, daughter's sons, son's sons, sons' sons, step-sons, step-sons' sons, step-
sons' sons' sons. In the absence of any of the above, the yautuka of a woman
would devolve in the order: her husband, brothers, mother, father;
(iii) Anvadheya (gifts or bequests made by the father subsequent to marriage):
order of succession is the same as in Yautuka with the difference that (a) sons
are preferable to married daughters; (b) in case of a woman, dying childless,
the order of succession is brother, mother, father, husband;
(iv) Ayautuka (gifts or bequests from relations made before or after marriage; gifts
and bequests from father before marriage): Sons and maiden daughters
sharing equally; married daughters having or are likely to have sons; son's
sons; daughter's sons; barren married daughters and childless widowed
Jhuma Halder

22. daughters. In the absence of all the above, Ayautuka devolves in the following
order: brother, mother, father, husband, husband's younger brother, husband's
brother's son, sister's son, husband's sister's son, brother's son, daughter's
husband, husband's sapindas, sakulyas and samanodakas, father's kinsmen.
The great Bengali Hindu race have been made a non-entity in different government
institutions including army, police, judicial and administrative and non-government
services like Bank and industries; we are under threat of conversion i.e. socially,
culturally and observing religious rites, we are insecure. The VP Act was practically
declared void by promulgating ‘The Enemy Property (Continuance of Emergency
Provisions) (Repeal) Act XLV in parliament on 23 March 1974. But immediately
afterwards another declaration named the Vested and Non-resident Property
(Administration) Act XL VI of 1974 brought the above act into force. This Act was later
amended on 27 November 1976 by the Enemy Property (Continuance of Emergency
Provision) (Repeal) (Amendment) Ordinance 1976. The government, or any officer or
authority as directed by the government, was empowered to administer, control, manage
and dispose of, by transfer or otherwise the enemy property or enemy firms known as
‘vested property’. The Government of Bangladesh has, within the framework of this law,
taken possession of property declared to belong to the enemy, by appropriating the
property of members of the Hindu minority who had migrated to India, or by
appropriating the property of people who were heirs or co –owners.
Though renamed as the Vested Property Act in 1974, the law still retains the fundamental
ability to deprive a Bangladeshi citizen of his/her property simply by declaration of that
person as an enemy of the state. Leaving the country through abandonment is cited as the
most common reason for this, and it is frequently the case that Hindu families who have
one or several members leaving the country (for economic as well as political reasons)
have their entire property confiscated due to labeling as enemy. So, the properties which
have been included under VPA since 23 March 1974 should be immediately exempted
and returned those properties to the legal owners.
D.3.6. Religious endorsement:
Hindus were first attacked in mass on 1992 by Islamic fundamentalists. More than 200
temples were destroyed. Hindus were attacked and many were raped and killed. The
events were widely seen as a repercussion against the razing of the Babri Mosque in
India. Taslima Nasrin being evicted from Bangladesh by religious endorsement wrote her
novel Lajja (The Shame) based on this persecution of Hindus by Islamic extremists. The
novel centers on the suffering of the patriotic anti-Indian and pro-Communist Datta
family, where the daughter gets raped and killed while financially they end up losing
everything. Prominent political leaders frequently fall back on "Hindu is bashing” in an
attempt to appeal to extremist sentiment and to stir up communal passions. In one of the
most notorious utterances of a mainstream Bangladeshi figure, the Khaleda Zia, while
leader of the opposition in 1996, declared that the country was at risk of hearing
"uludhhwani" (a Hindu custom involving women's ulultion) from mosques, replacing the
azaan (Muslim call to prayer) (e. g. see Agence-France Press report of 18 November
1996, "Bangladesh opposition leader accused of hurting religious sentiment"). The most
Jhuma Halder

23. revealing story entitled " Sabitry is a name of a Hindu girl-Sabitry a citizen of
Bangladesh "filed by Sultana Naher, published in the Sangbad on Mach 7,1995 is a
pitiable disclosure of a Hindu girl in Bangladesh. Observing all these and listening the
comment of Ministers that there is no ward like "Minority" in the Constitution of
Bangladesh. The well to do families has made the necessary arrangements in India to
rehabilitate their post '75 generation as well future generation in India. India cannot
ignore the rights of the Hindu migrants and refugees to seek asylum and shelter. "The
Indian handling of the Tibetan refugees is a critical example". (Samaddar,p42).
In Chittagong famous Kaibalyadham Temple was attacked, damaged and hundreds of
Hindu houses were set on fire. 400 years old Dhakeswari Mandir in Dhaka was
ransacked, looted. The Shakhari bazaar, the Hindu commercial area in Dhaka was looted.
Famous Jaykali Temple (the locality in Dhaka is known as Jaykali for this temple) was
ransacked and destroyed. In Dhaka Rayerbazar Kali temple, Dhaka Brahmmo Samaj,
Madhya Goriya Math all were attacked, ransacked. Hundreds of Hindu shops were burnt.
Kolkata intellectuals were as usual silent. Even the Hindu organizations in Kolkata like
Ramkrishna Mission, Ram Thakur Trust etc. whose temples have been destroyed never
raised any voice. Remember that after the massive destruction of Hindu temples and
properties in 1990, not a single Muslim person was attacked in West Bengal.
A news broadcast by the Daily Newspaper namely “The Sangbad” on 26 January 1993
the destruction of the Babri mosque in India: “Bangladesh was not spared from the fallout
of the destruction of the sixteenth century Babri mosque in Ayodhaya on 6 December,
1992 which was announced by microphone in some places like Bhola where people were
urged to set on fire Hindu homes and to loot them. The Hindu houses were set on fire and
looted in Bhola in the presence of the magistrate and the police stationed in the house to
protect the inmates. Unmarried girls were raped by servants in the house and not even
married women spared from gang rape by the miscreants. The members of the opposition
alleged that no one was arrested, no orders issued to the Deputy Commissioners and the
Superintendents of police to open fire and not even a press note issued. Prime Minister
Khaleda Zia stated in the parliament that nothing had happened in Bangladesh while the
members of the treasury benches thumped the tables and relished the joke about the
unfortunate housewife having conceived as a result of being subjected to rape while the
Secretary General of the Bangladesh Nationalist Party Barrister Abdus Salam Talukder
regretted not having married in that particular locality where women were so fertile.
Also the political parties do not value much the minorities to be good candidates to win
the election. During the Government of interim period, of about two and half months, in
2001, the news regarding deterioration of law and order, chaos in administration and
overall increase of lawlessness and uneasy condition of the minority voters was being
published. If one scrutinizes published reports of minority repression during pre-election
days it becomes evident that members of minority communities in 30 districts were under
severe threat and pressure. The principal districts are:
(a) Rajshahi Division (4-Districts) ---: Dinajpur; Rangpur; Naogaon and Natore.
(b) Khulna Division (7-Districts) ---: Bagerhat; Narail; Jessore; Magura; Jhenaidah;
Satkhira and Khulna. .
Jhuma Halder

24. (c)Barisal Division (4-Districts) ---: Perojpur, Jhalokanthi,Barisal;Bhola.
(d) Chittagong Division (5-Districts)-: Chittagong; Cox’s Bazar; Feni; Noakhali and
Lakshipur
(e) Sylhet Division (2-Districts): Habigonj and Sunamgonj
(f) Dhaka Division (8-Districts) ---: Manikgonj;Tangail; Jamalpur; Mymensingh;
Netrokona; Narsingdi; Faridpur and Rajbari.
In the last election in October 2001, the partisan election commission also itself identified
177 centers as violence prone constituencies and 70 as high –risk constituencies. In
October 2001 election, the incidence of violence was the highest against Hindus.
Minorities were violated in 2,685 villages in the country. Minorities were debarred from
casting votes in the election -- a fundamental right of any citizen of Bangladesh. They
were obstructed from casting their votes on the way to the voting center. Nature of these
causes of frightening was:
(a) Threatening the minority voters for not going to polling booths and using technique of
repression to create such atmosphere.
(b) Creating a state of uneasiness and panic in the minds of minority voters so that they
leave their abodes to take shelter in safer areas.
D.3.7. Rigorous Tradition:
In Bengal, the Hindu laws, as have been revealed in the Sanskrit works, seem to have
developed too vast and intricate. The civil laws, except for such matters as partition,
inheritance and succession, seem to have been administered in Bengal by the British
rulers by the principles applied in common with other parts of India. These common civil
laws were formulated at the British initiative in two compiled works in Bengal. One was
titled Vivadarnavasetu (English translation by Halhed in 1776) and the other
Vivadabhangarnava (English translation by Colebrooke in 1796). So far as procedural
law was concerned, it was systematically formulated on all-India basis in the Civil
Procedure Code (Act V of 1908).
After the partition of India in 1947 Hindu law was changed in India. In 1955, new
Marriage Act was enacted in India whereby marriage system has totally been changed
and plurality of wives was given a go bye. Divorce system was also introduced. In 1956,
by the enactment of another Act the law of inheritance of Hindus, Mitaksara or
Dayabhaga was changed. Sons and daughters were given equal share on the demise of
their father or mother while wife or husband was due for one third shares. Practice of two
schools, Mitaksara or Dayabhaga, was changed and one law was enacted for all the
Hindus of India. But in Pakistan old Hindu law prevailed and Dayabhaga system of
Hindu law remained in East Pakistan, and remained same also after the emergence of
Bangladesh.
D.3.8. Security Problems:
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
Jhuma Halder

25. 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
violence 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 violence 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 women the latter being something that simply
should not be tolerated. In order to do that there are certain universal and inalienable
rights jurisprudence and reaffirm that there are certain universal and inalienable rights
which should not be trumped by culture or religious practice.
D.3.9. Privileged bodies:
The reproductive arena is always the point of reference in gender process, but it is far
from incorporating everything that gender is about. The above discussion domain varied
from one society to another and from one period of history another. It can even be
changed by deliberative action. A few short examples of social embodiment in the gender
domain may help illustrate what is meant. One of the crudest ways of deploying gender
through sexual harassment – an exercise of power, directed to body of the target. After
the destruction of Babri structure in December 1992, 1500 kilometers away from Dhaka,
in another country, Muslims in Bangladesh went on rampage. A repeat of chains of
destruction was carried out. A report by Hindu Buddhist Christian Unity Council
assessed such: About 28000 houses, 3600 places of worship and 2500 commercial
establishments of the Hindus were destroyed. 13 people were killed, 1925 were injured
and 2600 women were raped. Worst affected was Bhola district. The Hindu population in
1991 census of this district was 96005. Half of these people have been attacked and major
raping was done in this area. About 25-30000 people have left the area after that. A report
by well known film director Shahriar Kabir had details of these incidents. The violence
which gripped Bangladesh in the wake of the demolition of the Babri Masjid in Ayodhya
in December 1992 and large-scale demolition of place of worship, violation of Hindu
women, property and forced many to seek sanctuary in India. The fate of the minorities
remains under the same wheels.
We lay the country report of the U S Department of State on Human Rights practices in
Bangladesh in 1993: “Religious Minorities: "Religious minorities, principally Hindus,
Christians and Buddhists make up an estimated 13% of the population. Although equal
under the law, these minorities are, in practice, disadvantaged in such areas as access to
government jobs and political office. Selection boards in the Government service are
often without minority group representation. In the current parliament there are 02
members from minority groups out of a total of 330. Property ownership, particularly for
Hindus, has been a contentious issue since independence when many Hindus lost land
holdings due to unequal application of the law. Reported cases of violence directed
against religious minority communities have resulted in loss of property, mostly in the
aftermath of the destruction of the Babri mosque in India in December 1992. These
Jhuma Halder

26. actions are a symptom of the communal tension that has prompted some people
belonging to minority groups to leave Bangladesh, causing a slow but steady decline in
the relative size of the country's minority population, especially Hindus.”
E. 4. Consequence of discrimination:
An important distinction to make with regard to class and gender structures in
understanding the durability of patriarchy under alternative modes of production is that
while the relations of production have been contested through out history, the issue of
male power has not been questioned in mainstream struggle for change. Historically
changes in class relations have entailed an alteration of power among men but never
disassociating the intimate link between power and masculinity. The intimate link
between power and masculinity results as in bellow:
E.4.1. Negative image:
The vested property, which was termed enemy property before the Liberation War in
1971, was left behind by the Hindus during the 1947 partition and the India-Pakistan war
in 1965.The government took the properties' ownership by enacting the enemy property
act after independence in 1971, and renamed the law as the Vested Property Act in 1974.
The law still retains the fundamental ability to deprive a Bangladeshi citizen of his/her
property simply by declaring them as enemies of the state. Properties of Hindu families
that left the country have been confiscated as they were labeled as state enemy, reported
the daily star. Over five decades, we repose absolute confidence in the Leadership of
political parties on different issues. But we are deprived, disheartened, disadvantaged,
humiliated and suppressed as slaves of vote-bank under the different political regimes.
Justice Debesh Bhattacharjya in his verdict categorically mentioned: “It is not necessary
to deal here with the question whether September, 1965 is still technically in existence, as
Bangladesh is sovereign and independent, and is not an administrative unit or agent of
Pakistan in respect of the properties belonging to Indian nationals, lying within the
territories of Bangladesh. In as much as there had never been a war between India and
Bangladesh and on the contrary , there is a Friendship Treaty between the two countries,
there appears to be absolutely no legal or practical basis for assuming the existence of
any Emergency or war conditions justifying the taking over possession of any property
belonging to an Indian , which had never been in the custody or possession of the
Custodian of Enemy Property during the days of Pakistan , for management of such a
property.
On the contrary, it is really irony and most pathetic to observe that the representation of
minorities in parliament declined remarkably starting from the election 1970. The poor
representation could not even gain a minimum healthy status at any election during this
long period of 36 years. It is interesting to note that the Hindus from erstwhile East
Bengal to Bangladesh to-date in 2001 have been maintaining an unaltered figure of
population of 1.5 crore but declining in respect of percentage from 28% to 10.5%.
Jhuma Halder

27. E.4.2. Torture:
Bangladesh had acceded Convention against Torture on 5 October 1998. The main
provisions of the above convention do not met in practice from its accession to till in
Bangladesh. The definition of torture says “...any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person for such purposes as
obtaining from him or a third person information or a confession, intimidating or
coercing him or a third person for any reason based on discrimination of any kind, or
punishing him for an act he or a third person has committed or is suspected of having
committed, when such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a public official or another person acting in an official
capacity” [UN Convention on Torture, 1989]. However, Bangladesh experienced and is
still experiencing the rise of religious fanaticism. The October 1 Election of 2001
elevated one of such religious –centric political party to state power, which identified the
feeling of insecurity among the religious minority communities. The fear came true when
an identified quarter with the blessings of coalition government specifically targeted
Hindu Community for their affiliation with the opposition political party. Their houses
were burnt, men were killed, women were abused, temples were demolished and most
importantly, their allegiance to Bangladesh was denied.
The lofty ideals of the international instrument mentioned above is often dwindled
because most of its provision take the nation-state to be the only source of laws and
regulations governing the relationship between majorities and minorities. The Purposes
of Torture upon the ethnic religious minorities by the dominant majority groups destroy a
sense of community, eliminate leaders of community, create a climate of fear, produce a
culture of apathy, and disrupt family bonds. As a result, “no exceptional circumstances
whatsoever” may be invoked justify torture, internal political instability, terrorists acts,
violent crimes, etc.
E.4.2. Lose of population:
Dr. Abul Barakat, a professor of Dhaka University said in his report that Bangladesh
Hindus have lost 22 lakh acres of their land and houses during 2001 to 2006. The market
value of this land in taka 2, 52,000/ core (about $156 million), which is more than half of
the countries gross domestic product (DGP). This is a man made problem contrary to the
spirit of humanity. We have to get rid off this uncivilized state of affirms to establish a
civilized society. Politically powerful people grabbed most of the Hindu lands during the
reign of Begum Kaleda Zia’s BNP led four party alliance between 2001 and 2006. Forty-
five percent of the land grabbers were affiliated with the BNP, 31 percent with the
Awami League, eight percent with Jamaat –e- Islami and six percent with the Jatiya Party
and other political organizations. Some 12 lakh or 44 percent of the 27 lakh Hindu
Households in the country were affected by the Enemy Property Act – 1965 and its post
independence version, the Vested Property Act – 1974.
The number of the missing Hindus is in 1971 – 2001 as 6.3 million approximately.
According to the 2001 Bangladesh Population Census, the total size of the Hindu
population in Bangladesh was 11.4 million. Assuming the 1961 population share of the
Hindu population 18.4%, the absolute size of the Hindu Population in 2001 would have
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28. been 22.8 million instead of 11.4 million as reported in the Census i.e. the actual current
(2001) size is half (50%) of the expected size. Mass migration of Hindu population as
effect comes out various factors responsible for such migrations.
The Missing 2.5 Million Hindus from Bangladesh
Table – 1:
Based on Information from Bangladesh ministry of Planning, Bureau of Statistics:
Year Total population in
Millions
Hindu Population as
% of Total
Hindu Population in
Millions
1941 42.00 28.0 11.76
1961 50.84 18.5 9.41
1974 71.48 13.5* 9.655
1981 87.13 12.2 10.633
*Encyclopedia Britannica (10) gives 13.5% figure for 1974, where as Government of
Bangladesh gives 13.5% and total population of 71.48 million for 1974 (9)
Since Hindus and Muslims in Bangladesh have similar socio-economic and educational
backgrounds, the birth and death rates for these two groups must be very similar. This
means that the Hindu Population must grow at the same pace as the total population
growth rate. Hence any unusual drop must be accounted for by influx of Hindu refugees
and mortality rate from non natural causes. The expected Hindu population, the
emigration to India from E. Pakistan and actual populations are listed in Table – II:
Year Hindu
Population of
E.Pakistan /BD
Actual (9)
(Million)
Expected Hindu
Population in
Absence of
Strife (Million)
Refugees from
E.Pakistan to
India (8)
(Million)
Hindus Missing
(Million)
1941 11.766 - - -
1961 9.41 14.24 4.12 (1947-58) 0.711
1974 9.65 13.23 1.11 (1964-70) 2.477
Thus if 1947 partition had not resulted, the Hindu population of East Pakistan area should
by 1961 have increased proportionately from 11.76 millions in 1941 to 14.24 Millions
(11.76*50.84/42=14.24). The official Indian Government records indicate that between
1947 and 1958, 4.12 million (Hindu) refugees crossed into India from East Bengal (3).
This means the Hindu Population in East Pakistan in 1961 should have been 10.12
million (14.24 – 4.12) compared to the actual 9.41 million. The missing 0.7 million
Hindu population can be accounted by several hundred thousands killed in the riots in
1974 on the Bengal border, plus the refugee influx from 1958 to 1961. Let us now look at
Hindu population in East Pakistan from 1961 to 1974. With proportional increase the
Hindu population of 9.41 million in 1961 should have increased to 13.23 million (9.41 *
71.48 / 50.84 = 13.23) by 1974. However the actual Hindu population as per Bangladesh
Census data for 1974 was 9.65 million. Of the 3.58 million shortfall only 1.11 million can
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29. be accounted for since Government of India’s record indicate that 1.11 million Hindu
refugees crossed in to India between 1964 and 1970 (3) i.e. Prior to the 1971 crisis. Thus
2.47 million (13.23 – 9.65 – 1.11 = 2.47) Hindus from East Pakistan are unaccounted for
from the 1971 Pak Army repression.
E.4.3. Legislative enactment:
Bangladesh is second largest Hindu populated country in the world. They need
reservation through Constitutional proviso. They want empowerment and social justice as
equal citizens of the Republic. For this, representation of the minority communities in the
registration of parties and voters must be ensured. The justice and electoral system must
work equally for those in the mainstream as well as for those say for example, in the
Chittagong Hill Tracts. A failure to do so would result in making the same mistakes that
we have been making since the birth of this nation i.e. failing to place justice at the core
of our nation-building efforts. Abdul Gaffer Chowdhury , a senior columnist, rightly said
that " Bangladeshi " means the Muslim citizens of the land others like Hindu,
Buddhists ,Christians and tribal origins are align citizens, they would be absorbed in the
majority community by conversion or make them compelled to leave”.
After August 1975, the process of Islamisation during General Zia and Ershad regimes in
Bangladesh renewed the flow of minorities due to unequal application of Law,
humiliation, discrimination in service and violation of human rights. The fate of the
minorities remains under the same wheels even in 2010. The crux of the problem is the
Eighth Amendment, whereby Gen. H.M. Ershad converted the country into an Islamic
Republic and made Islam the State Religion. Another Black Law is the Enemy (now
Vested) Property Act of 1965, which remains on the statute book and is being miss-used
to confiscate the property of Hindus. This Vested Property Act has violated the
fundamental concept of the Hindu Law a body of rules, customs and usages guiding the
beliefs and ways of life of the Hindus.
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30. Part – IV
G. 6. Role of students:
Students are the central body of the educational institution and responsible to initiate
various programmes for the future generation. So this body should be specialized to play
very significant role for countering any discrimination among the community by the
dominant groups. In modern days many National Human Rights Organizations,
International Organizations, and different types of service provider organization are
aware to take necessary action to resist any kind of discrimination.
G.6.1. As minority:
The U.N. Sub-Commission on Prevention of Discrimination and Protection of Minorities
has defined minority as under:
1. The term 'minority' includes only those non-documents group of the population
which possess and wish to preserve stable ethnic, religious or linguistic traditions
or characteristics markedly different from those of the rest of the population;
2. Such minorities should properly include the number of persons sufficient by
themselves to preserve such traditions or characteristics; and
3. Such minorities should be loyal to the state of which they are nationals.
4. There are also those who define minority in terms of relationship between the
dominant groups and minority. To them it is much more important "to understand
the genesis of the relationship between dominant group and minority then it is to
know the marks by the possession of which people is identified as member of
either." Rose defined minority as a "group of people differentiated from others in
the same society by race, nationality, religion, or language - who both think of
themselves as a differentiated group and are though of by others as a
differentiated group with negative connotation."
Thus most of the definitions explained above place emphasis either upon certain common
characteristics present among the members of the groups which serve as the marks of
distinction and such objective test, and it is only in some cases that the factor of
relationship between the dominant and non dominant group is regarded as the main
determinant of minority status which, in turn, at least some cases, renders relative
numbers in and out of the group concerned as irrelevant for definitional purpose. In
Bangladesh there is no specific definition for the “minority”. Nonetheless, numerically
religious and disadvantaged people are called as minority in Bangladesh.
G.6.2. Knowing ourselves:
Ethnically Hindu, Buddhist, Christians, Ahamedia groups and other ethnic groups like
Garo, Hajong, Marma, and Hilli People are the minorities in Bangladesh. We are entitled
to get all facilities of the State. The Bangladesh constitution guaranteed equal rights
without any discrimination against any citizen on grounds only of religion, race, caste,
sex or place of birth (Article – 28). We can claim justice if anyone violates the
fundamental human rights.
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31. G.6.3. learning to work together:
We minority (men and women) culturally and socially, along with our place of warship
feel insecure; our ancestral properties lying vested with the government including
Debuttur properties, though the supreme court (Appellate Division) and the High Court
of Bangladesh declare those laws illegal. Therefore, we have to learn to work together. It
is an age of physical and metal growth when one is eager to become an adult and be the
part of the wider society. From our childhood we consider many disciplinary tools to
work together and be familiar common forms of violence that suffer us in many ways.
Lack of our knowledge and education system often results in sever discrimination which
we should resist at all sphere.
G.6.4. Improving relationships:
Right based approach claim to improve the relationship between man and women, man
and man, man and children, women and women, women and children and take initiative
to promote of legal reform and national campaigns among the people. The political
agenda of the country can be the thematic priorities towards development of the
disadvantaged community.
G.7. As human being:
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32. Part - IV
H. 8. Reverting Self
As a human being we should change ourselves. However, our structural patriarchal
system makes differences between man to man and man to women. The following points
should analyze everybody to change one:
H.8.1. Prejudice: Overcoming barriers:
Prejudice is a destructive impact of noisy, emotional and thought provoking experiences.
The right to let off steam – the right way! We realize that anger viewed as a negative and
destructive emotion that should be suppressed. But this suppression puts men undue
pressure to continuously hold back what is very natural and when it can no longer be
controlled – anger is expressed in unhealthy and often destructive ways. Anger is also
one of the few emotions men are allowed to express. There seemed to be strong conflict
when it came to the dynamics of this emotion and we sought to clarify this. Sometimes
successfully and sometimes not, we worked through the anger management exercise that
is the cause of prejudice attitude. We can express our feelings without hurting others.
H.8.2. Accepting vulnerabilities and trusting strengths:
Understanding the abstract concept of power, and connecting with own powerlessness
and the sources of power in lives are crucial for the growth of any person. Power over is
the type of power that is most commonly seen as aggressive or dominating. It assumes
that power is a famine quality which if shared with others, would lead to a reduction in
one’s own power. In power over the strong use their power to dominate the weak.
H.8.3. Looking beyond stereotypes:
To work for a society free from gender based violence would not be possible if we do not
take into account or address the role of women – women not only as mother, daughter,
sister and wives or as objects whose existence is defined by their relationship to men.
Women as entities in their own right, human beings who have the right to live, breath,
work, contribute, earn, be acknowledged and be safe.
H.8.4. Acknowledge the pain:
Both men and women are subjected to social, economic, physical, emotional and sexual
violence, but the tendency to become the subject of certain types of violence was much
higher in women than men. In men, as they become older, the violence they faced
decreased as they gained power, but in the lives of women there was no such change or
corresponding increase power. The violence against men is more because of economic
pressures, but at the same time the nature of violence against women is different. Often it
is due to her sex that she is subjected to violence.
H.8.5. Eliminate discrimination in public and private sphere:
The gap between one who knows and one who does not are huge to differentiate the
reverting self from self itself. Knowledge enlightens the self”. Then the enlightened self
can see and judge many things that others do not. Consequently it brings a shift in
persona. Knowledge creates expertise and expertise gives proportionate feedback to
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33. knowledge. It takes a man from higher to the highest. If consequently strives at a time he
becomes invincible and that level of expertise requires no explanation. If it shows what it
is? The question of responsibility is integrated with the shift of persona from
unenlightened to the enlightened world of knowledge. He who knows is to the last end
responsibility and sincere to all his duties. This rebirth makes him a ‘master of tactics’
incessantly countering all the evil forces of society. Explications in this maneuver go for
that rebirth of human self. A wise never waits for others when situation demands
immediate attention. So, if no one comes go alone. Be a lone ranger and fight violation of
rights to save innocent who faces that do not know, never even though to loose their
“selves” in earthly hells.
H.8.6. Process of change
It is true that social forces such as secularism, modernization can produce change gender
relations. But gender relations also have internal tendencies towards change. Some of
external pressures are themselves gendered from that start (for instance, the capitalist
economic system). We have to consider gender always as a dynamic system that is
implied in seeing gender as historical and there is a three dynamics: instability,
contradiction and colonialism.
H.8.6.1. Instability:
Post structural theory has recognized internal tendencies towards change by arguing that
categories are inherently unstable. The uncertain and contested character of the category
“Women” is a theme of Judith Butler’s extremely influential book “Precarious Politics:
Critical Encounters”. There is no fixed connection between discursive identities and the
bodies to which those identities refer. The signifier is able to float in a play of meanings
and pleasures. That is something thought to be a general feature of “postmodern” life, and
it certainly suggests that gender identities can be played with, taken up and abandoned,
unpacked and recombined. The idea of generalized instability of categories seems to have
arisen in the global metropolis and perhaps captures something important about social life
in the neoliberal rich countries of the contemporary world. In other parts of the world,
however, the idea is perhaps less relevant. Gender boundaries seem to have hardened in
some Arab countries and Iran in the last generation. The idea of ‘strategic essentialism’
when thinking about how to understand subaltern politics in India.
H.8.6.2. Contradiction:
Structure develops crisis tendencies that is internal contradictions or tendencies that
undermine current patterns and force change in the structure itself. Although we use the
term “power” frequently in our everyday lives and seem to have little trouble
understanding what is meant by it, the concept has sparked widespread and seemingly
intractable disagreements amongst those philosophers and social and political theorists
who have devoted their careers to analyzing and conceptualizing it.
For example, the literature on power is marked by a deep disagreement over the basic
definition of power. Some theorists define power as getting someone else to do what you
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34. want them to do (power-over) whereas others define it more broadly as ability or a
capacity to act (power-to). Many very important analyses of power in political science,
sociology, and philosophy presuppose the former definition of power (power-over).
For example, Max Weber defines power as “the probability that one actor within a social
relationship will be in a position to carry out his own will despite resistance…” (1978,
53). Robert Dahl offers what he calls an “intuitive idea of power” according to which “A
has power over B to the extent that he can get B to do something that B would not
otherwise do” (1957, 202-03).
H.6.3. Colonialism:
Colonialism is a process to dominate one person to another. Colonialism and imperialism
involves political and economic control over a dependent territory. The term colony
comes from the Latin word colonus, meaning farmer. This root reminds us that the
practice of colonialism usually involved the transfer of population to a new territory,
where the new arrivals lived as permanent settlers while maintaining political allegiance
to their country of origin. Imperialism, on the other hand, comes from the Latin term
imperium, meaning to command. Thus, the term imperialism draws attention to the way
that one country exercises power over another, whether through settlement, sovereignty,
or indirect mechanisms of control. From the perspective of world-system theory, the
economic exploitation of the periphery does not necessarily require direct political or
military domination. In a similar vein, contemporary literary theorists have drawn
attention to practices of representation that reproduce logic of subordination that endures
even after former colonies gain independence. Colonialism played a large role in the
making the world this way we know it today.
I. 9. Addressing Unequal Legal Instruments, Legal decisions, Gender
Discriminatory law and policy
The Universal Declaration of Human has served directly and indirectly as a model for
many domestic constitutions, laws, regulations and polices that protects fundamental
human rights. These domestic manifestations include direct constitutional references to
the universal declaration or incorporation of its provisions and reflection of the
substantive articles of the Universal declaration in national legislation. Bangladesh
emerged as a “Sovereign Republic” in order to ensure for the people of Bangladesh
equality, human dignity, and social justice. This is directly reflection of UDHR, such as,
equality – article 2,7 and 21 of UDHR and article 27, 28(1) and 29(1) of the Bangladesh
constitution, human dignity – article 1,6, and 9 of UDHR and article – 11, 32 of
Bangladesh constitution and social justice – article 23(a) (b) and 25(a) of UDHR and
article 8(1), 15 (a) (b) (d) and 20 of Bangladesh constitution as well as the Preamble of
the Constitution of Bangladesh pledged that “the fundamental aim of the State is to
realize a society in which the rule of law, fundamental human rights and freedom,
equality and justice will be secured for all citizens”. However, some amendment of this
constitution and so many anti human rights laws enacted in Bangladesh during decades
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35. that enhanced the magnitude of human rights violation of citizen of Bangladesh. Article 7
of the Constitution of Bangladesh mentions that the constitution is the “Supreme Law” of
the country and if any other law is inconsistent with the constitution that other law shall,
to extent to inconsistency, be void. Again 26(1) mention that all laws inconsistent with
the provisions of the fundamental rights part (III) shall be extend of such inconsistency,
become void on the commencement of this constitution. In addition, sub-article (2) of the
same article mentions that the state shall not make any law inconsistent with any
provisions of this part, any law so made shall, to extent of such inconsistency, be void.
I.9. 1. Discriminatory legal decisions:
In a judgment of Supreme Court of Pakistan in Abu A’la Maudoodi vs. Government of
West Pakistan, quoted by Pirzada, Sharifuddin, AIR, 1950, SC Page – 101, we see that
the Bangladesh constitution has imposed some restrictions in enjoying some fundamental
rights. According to this restriction, all fundamental rights enumerated in the Bangladesh
constitution may be classified into three groups. Such as (i) Absolute rights (Article – 27,
28, 29, 30, 33, 34, 35, 44), (ii) Rights on which reasonable restriction can be imposed
(Article – 36, 37, 38, 39, 41, 43), (iii) Fundamental rights which have been practically left
to the legislature (Article – 31, 32, 40, 42). As a result, when High Court Division of
Bangladesh Supreme Court encourages conversion to Islam by giving an order in
Criminal Appeal No.4558 of 2009 and Criminal Appeal No. 5879 of 2008 (High Court –
2009) we have nothing to do against the gross violation of minorities’ rights especially
Hindus.
UDHR urged the philosophical postulate in article - 1 upon which created legal binding
and obligations of the state which is a standard of achievement for all people and all
nations. Nonetheless, Bangladesh Government imposed Article 2 A the state religion of
the republic is Islam, but no other religion many be practiced in peace and harmony in the
Republic, inserted by the Constitution (Eight Amendment) Act 1988 (Act XXX of 1988),
which is gross violation of basic principal of equality and non-discrimination as regards
the enjoyment of human rights and fundamental freedoms, elaborating the Charter
provision that the United Nations promoted the observance of those rights and freedoms
“for all without distinction as to race, sex, language or religion”.
The violation of Constitution is a grave legal wrong and legal wrong can be condoned in
certain circumstances. The Supreme Court dismissed the petitions seeking leave to file
regular appeal against a High Court Verdict that declared illegal the 5th
amendment to the
constitution. Supreme Court said the constitution (Fifth Amendment) Act – 1976 is ultra
virus, because:
Firstly section 2 of the constitution (fifth amendment) act – 1979, enacted paragraph 18
for its insertion in the fourth schedule to the constitution, in order to ratify, confirm and
validate the proclamations, MLRs and MLOs etc. during the period from august 15, 1075
to April 9, 1979. Since those proclamations, MLRs, MLOs etc. were illegal and void,
there were nothing for the parliament to ratify, confirm and validate.
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36. 2ndly, the Proclamations etc. being illegal and constituting offence, its ratification,
confirmation and validation by the parliament were against common rights and season.
3rdly, the constitution was made subordinate and subservient to the Proclamations etc.
4thly,
those proclamations etc. destroyed its basic features.
Fifthly, ratification, confirmation and validation do not come within the ambit of
amendment in article 142 of the constitution.
Sixthly, lack of long title which is a mandatory condition for amendment, made the
amendment void.
Seventhly, the Fifth Amendment was made for a collateral purpose which constituted a
fraud upon the people of Bangladesh and its constitution.
Bangladesh’s apex court declared illegal the Fifth Amendment to the constitution in
1979, which allows religion, based politics and legitimized the post 1975 after a coup
topped the country’s post-independence government.
On the other hand, after a long struggle and a bloody war of Independence the rise of
Bangladesh naturally conveyed the message to the democratic and progressive forces that
the communally promulgated Enemy Property Act would not continue. Surprisingly
enough the existence of the Act is inconsistent not only with the UDHR but also with the
provisions of the constitution itself. In Independent Bangladesh on 26th March of 1972
Bangladesh (Vesting of Property and Assets) President’s order No. 29 replaced former
Enemy Property Act. The Vested Property Act is a law against human rights, justice,
democracy and the spirit of our constitution. In our constitution the people of Bangladesh
are pledge bound to establish “a society in which the rule of law, fundamental human
right and freedom, equality and justice, political, economic and social will be secured for
all citizens.” Article 27 provides that, all citizens are equal before law and are entitled to
equal protection of law and Article 28 provides the state shall not discriminate against
any citizens on the grounds only of religion, race, caste, sex or place of birth. These are
fundamental rights which are enforceable under the Constitution. So the Vested Property
Act is a clear violation of the fundamental rights guaranteed in our constitution. People
want to see the returning of the so-called vested property to real owners and their
descendants. The non-party caretaker government should immediately take effective
steps regarding this man-made problem that is contrary to the spirit of humanity. (Samir
Bhowmik The Daily Star, Law & Rights, 5 July 2008).
Human Right Congress for Bangladesh Minorities (HRCBM), an NGO possessing
special consultative status with the Economic and Social Council of the United Nations,
filed a writ petition on 10 August 2008 to the High Court Divisions of the Supreme Court
of Bangladesh on the complete abolishment of Vested Property Act. The Government has
not yet replied.
The Appellate Division of the Supreme Court in a judgment in 2006 said:
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37. “Since the law of enemy property itself died with the repeal of Ordinance No.1 of 1969
on 23 -3-1974 no further vested property case can be started thereafter on the basis of the
law which is already dead. Accordingly, there is no basis at all to treat the case land as
vested property upon started VP Case No-210 of 1980”. (58 DLR 2006 pp 177-185)
I.9.2. 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 bail able offence many 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.
I.9.3. 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 out 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
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