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Womens Legal Status In Domestic Law
Collected by BdLawSourceCom
0
Abbreviations
ACD- Association for Community Development
AIDS-Acquired Immunodeficiency Syndrome
ASK- Ain O Salish Kendro
ATSEC- Action Aainst Traffic!in and Se"ual E"ploitation of Children
##S- #anladesh #ureau of Statistics
#D$S- #anladesh Demoraphic and $ealth Survey
#ITA- #anladesh Institute of Theatre Arts
#%&'A - #anladesh %ational &omen 'a(yers Association
#SA)- #anladesh Shishu Adhi!er )orum
C*D- Community *articipation and Development
C+C -Convention on the +ihts of the Child
CS& -Commercial Se" &or!er
C&CS -Centre for &omen and Children Studies
,AAT& -,lo-al Alliance Aainst Traffic!in of &omen
$I.- $uman Immunodeficiency .irus
IEC- Information/ Education and Communication
I'O- International 'a-our Orani0ation
IO1- International Orani0ation for 1iration
I%CIDI%- Interated Community and Industrial Development Initiatives
1O&CA- 1inistry of &omen and Children Affairs
%,O- %on-,overnment Orani0ation
+TI -+eproductive Tract Infection
SAA+C- South Asian Association for +eional Cooperation
STD- Se"ually Transmitted Disease
S2)- Society for 2nder-privileed )amilies
T&#- Traffic &atch #anladesh
T&#-3% Traffic &atch #anladesh 3outh %et(or!
T&SA- Traffic &atch South Asia
2#I%I,- *olicy +esearch for Development Alternative
2DDI*O%- 2nited Development Initiative for *roram Action
2%ICE)- 2nited %ations Children4s )und
2SAID- 2nited States Aency for International Development
5
Contents
Topics
Page
Abstract
10
Chapter one
1. Introduction 12
1.1 Scope and Object 13
1.2 Justification of the Study 14
1.3 Utility 15
1.4 Methodology 15
Chapter Two
2. Laws Relating to Women in angladesh 1
Chapter Three
3. important Issues Relating to Women and !rotecton o" Law
3.1 Ma!!iage 1
3"2 #i$occe 2%
3"3 Maintenance 2&
3"4 'ua!dianship and (ustody of (hild!en 31
3"5 )nhe!itance 31
3"% *!affic+ing 3%
3", #o-!y 50
3" .est!ictions on (hild Ma!!iage 52
6
Chapter #our
4. Constitutional $urantees 53
Chapter #i%e
&. Law o" Women 'nder the !enal Code %1
Chapter (i)
*. !rotection o" Women b+ (pecial Legislations and (pecial Court
or Tribunal %2
Chapter (e%en
,. Women-s (tatus on (ocial Conte)t ,4
Chapter .ight
/. Recommendations ,5
Chapter 0ine
7. Conclusion
8
0
Abstract
&omens leal rihts are one of the most sinificant determinants of their status9 In
#anladesh/ a series of la(s ensurin (omens rihts have proven larely ineffective in
promotin their positions9 The prime reasons for this are: the shortcomins and
ineffectiveness of la(s/ (omens ina-ility to access leal proceedins/ the traditional and
cultural neative vie(s a-out (omens rihts/ the a-sence of an accounta-le and transparent
overnment/ the e"pensive and time consumin ;udicial process/ the lac! of an efficient
;udiciary/ and other socio-ecomic reasons9 The core theme of the thesis concentrates on the
shortcomins and ineffectiveness of la(s/ althouh vie(in them (ithin the conte"t of those
other factors9 To sinify the ineffectiveness of la(s/ emphasis is -asically placed on the
administrative and ;udicial approaches in the country to achieve the underlyin o-;ectives of
la( concernin (omens rihts in pertinent areas9 This study aims to promote protection of
(omens rihts -y recommendin remedies to fla(s in prevailin la(s in #anladesh into
nine chapters:
Introduction/
'a(s relatin to (omen in #anladesh9
Important issues relatin to (omen and protection of la(
Constitutional uarantees9
&omen4s la( under the penal Code9
*rotection of (omen -y special leislations and special courts or tri-unals
&omen4s status on social conte"t9
+ecommendations9
Concludin remar!s9

<
This study critically e"amines la(s reardin (omens employment and political
participation and the la(s on do(ry and rape9 It also e"plores the (ays la(s have -een
structured and enforced in #anladesh/ and ho( la( can -e an effective means of (omens
pursuit of rihts9 In so doin/ this thesis analyses and compares a rane of leislation and
;udicial decisions of a num-er of selected common la( ;urisdictions9 )indins of the research
demonstrate that the leal efforts of those countries resulted in sinificant improvements in
traditional la(s and enforcement procedures reardin employment/ do(ry as a form of
domestic violence/ and rape9 Conversely/ in #anladesh/ the ae-old common-la( ro(n
formalities continue to dominate the leal and ;udicial proceedins and therefore fail to
provide remedies to the contemporary needs of (omen9 The present leal reime also suffers
from an important fla( (ith reard to the scope and e"tent of lia-ilities for the violation of
la(s desined to protect (omens equal and special rihts9 The a-sence of any independent
administrative -ody to monitor the compliance of la(s presents another serious fla( in the
current leal reime of the country9 Such shortcomins eventually encourae and favour the
(rondoer/ (orsenin the vulnera-ility of already disadvantaed (omen in the traditional
culture of #anladesh9 In respondin to such a situation/ the present study recommends the
reconceptualisation of la(s to accommodate (omen4s unique e"periences in #anladesh9
The study ends (ith a num-er of specific recommendations for ensurin (omens rihts
throuh strenthenin the leal and enforcement mechanisms in #anladesh9
Chapter one

1. Introduction

Legal status of women indicate to (hat e"tent (omen en;oy equality in the
socio-economic and political spheres of the country9 'a(s protectin (omen=s rihts
provide the essential frame(or! for formal equality to -e transformed into reality9 They
also provide leal protection to (omen=s rihts -y critically intervenin in health/
education and employment sectors to9
&omens leal rihts are one of the most sinificant determinants of their status9 In
#anladesh/ a series of la(s ensurin (omens rihts have proven larely ineffective in
promotin their positions9 The prime reasons for this are: the shortcomins and
ineffectiveness of la(s/ (omens ina-ility to access leal proceedins/ the traditional and
cultural neative vie(s a-out (omens rihts/ the a-sence of an accounta-le and
transparent overnment/ the e"pensive and time consumin ;udicial process/ the lac! of
an efficient ;udiciary/ and other socio-ecomic reasons9 The core theme of the thesis
concentrates on the shortcomins and ineffectiveness of la(s/ althouh vie(in them
(ithin the conte"t of those other factors9 To sinify the ineffectiveness of la(s/ emphasis
is -asically placed on the administrative and ;udicial approaches in the country to achieve
the underlyin o-;ectives of la( concernin (omens rihts in pertinent areas9 This study
aims to promote protection of (omens rihts -y recommendin remedies to fla(s in
prevailin la(s in #anladesh in four areas9 +ecommendations are made -y reference to
comparative and international practices9 The primary aruments developed and
maintained throuhout the thesis are: >i? the protection of (omens rihts is imperative to
@
improve their status and la( is an essential instrument to ensure these rihtsA >ii? the
leislative/ administrative and ;udicial efforts in #anladesh are not appropriate and
conducive to dealin (ith (omens rihtsA and >iii? improvements in those efforts can
-etter protect (omens rihts9 This study critically e"amines la(s reardin (omens
employment and political participation and the la(s on do(ry and rape9 It also e"plores
the (ays la(s have -een structured and enforced in #anladesh/ and ho( la( can -e an
effective means of (omens pursuit of rihts9 In so doin/ this thesis analyses and
compares a rane of leislation and ;udicial decisions of a num-er of selected common
la( ;urisdictions9 )indins of the research demonstrate that the leal efforts of those
countries resulted in sinificant improvements in traditional la(s and enforcement
procedures reardin employment/ do(ry as a form of domestic violence/ and rape9
Conversely/ in #anladesh/ the ae-old common-la( ro(n formalities continue to
dominate the leal and ;udicial proceedins and therefore fail to provide remedies to the
contemporary needs of (omen9 The present leal reime also suffers from an important
fla( (ith reard to the scope and e"tent of lia-ilities for the violation of la(s desined to
protect (omen4s equal and special rihts9 The a-sence of any independent administrative
-ody to monitor the compliance of la(s presents another serious fla( in the current leal
reime of the country9 Such shortcomins eventually encourae and favour the
(rondoer/ (orsenin the vulnera-ility of already disadvantaed (omen in the
traditional culture of #anladesh9 In respondin to such a situation/ the present study
recommends the reconceptualisation of la(s to accommodate (omen4s unique
e"periences in #anladesh9 The study ends (ith a num-er of specific recommendations
for ensurin (omen4s rihts throuh strenthenin the leal and enforcement
mechanisms in #anladesh
1.1) Scope and object:
!s a woman who could be a man"s mother# sister# daughter or wife#
who is given the equal constitutional rights with man# who is equally $t
to run the state activities like a man and who is intellectually no less $t
than a man in other spheres of life is being sold and purchased like
cows# goats and sheep away from her natal home in gross violation of
human rights% she is being taken to unknown far o& places for being
used either as a cheap labour or mainly as sex worker 'his trading in
women has of late stirred the wisdom of the world and throughout the
world this shameless abuse of humanity has raised a voice to save the
woman wherever she may be and whatever may be her caste# creed or
religion by enacting new laws or updating the old ones and applying
them through courts and tribunals
This socially/ politically and economically deplora-le condition of (omen and recent
(orld (isdom effect to improve their position and fate in society throuh motivation/
leislation and a(areness (hich have prompted me to underta!e for investiatin this
socio-leal human pro-lem of (omen of #anladesh/9
A-use of (omen4s rihts and ender discrimination is availa-le in our country9 )indin
out the dra(-ac!s of la( of (omen and recommendations for fill up the dra(-ac!s/ to
pass ne( leislations in some issues/ endorsement the rihts of the deprived communities
of the country in la(/ to create a positive social revolution for the (omen is stand on the
o-;ectives of the thesis9
B
Objectives of the Study
'a( may -e termed as a -ehavioural science as it reulates human -ehaviour9 Chanes in
society demand that la( should move (ith the time if it has to remain alive and active9
The o-;ective of leal research is to find out lacunae or deficiencies in the e"istin la(s
and to suest suita-le measures to eliminate them9
The o-;ective sets the -oundaries of a research pro-lem9 The main focus of the research
proposal is to set its o-;ectives properly9 The proposed study focuses on leal status of
(omen in #anladesh9
The o-;ectives of the proposed study are :
a?
To elimination of ender discrimination/
-?
To protect (omen4s rihts in leal and social reime/
c?
To find out the dra(-ac!s of la( and deprivation of some communities/ and
recommendations/
d?
Determinin (omen4s leal status in domestic la(/ etc9
Scope of the Study
The issue of leal status of (omen is multi-dimensional9 It has several aspects e99
criminoloical/ economical/ ethical/ eoraphical/ health/ human rihts/ leal/ moral/
socioloical etc9 to -e researched9
The focus of the study is mainly on leal aspect9 So far comparative study on the e"istin
la(s relatin to (omen in has -een done9 The study has made an evaluation of la(s
relatin to (omen9
The relevant case la(s of -oth the #anladeshi and Indian courts have -een used9 All the
relevant la(s e"istin in #anladesh have -een used9 )or the study/ up-to-date la(s and
la(s framed >for three countries? till 600C (ere used9 #esides/ the study made an
investiation into the present situation of (omen in la( in #anladesh9
D
1.2) Justification of the Study
The e"tent of leal status of (omen has reached alarmin proportions in #anladesh9
Thouh/ mentiona-le la(s aainst determinin (omen4s leal status e"ist/ their
implementation remains (ea!9 There is a serious lac! of enforcement9
In this reard/ for our sustaina-le development/ (e have to ma!e our (omen a stron
hand9 Delimitation of (omen4s rihts/ esta-lished/ protection/ and enforcement of
(omen4s rihts is very necessary9 The thesis tried to focus it9
In this conte"t/ the proposed topic of the study is very timely9 And/ the (or! of the study
is (orth mentionin and suita-le for a *h9D9 deree9
1.3) Utility
'he proposed study is an attempt to examine the development and
e&ectiveness of laws relating to legal status of women existing in
Bangladesh
(t"s utilities are as follows)
a?
By this research the legal status of will be investigated in a proper
perspective%
-?
(t will study and examine the existing laws relating to women which will
be a real contribution to the store*house of legal knowledge%
c?
(t will help the researchers# academicians# human rights activists and
law makers to have an access to laws relating to women of the
selected countries%
d?
'he study will hopefully succeed in surveying literature on women and
related laws% and
e?
'he study is a initiative to create social positive thinking and practices
and to make e&ective the existing laws#
f?
'he study can remind amendment and enactment of necessary laws#
C
?
'he work itself is believed to be of immense academic value for
students# teachers and researchers concerned
1.4) Methodoloy
Sources
Since the work belongs to the $eld of law# the primary sources of the
research are) +i, Constitutions of Bangladesh# Charter of the -nited
nations and di&erent Conventions# +ii, !cts and Statutes relating to
tra.cking in women in Bangladesh# and +iii, (nternational Conventions
and (nstruments relating to women and human rights
Case laws# published and unpublished articles# books of renowned
Scholars and /urists are important sources for this research
0overnment documents relating to the subject as a primary or
secondary source have been used (n addition# Law 1eports and Law
/ournals were major sources of materials for the thesis
Law 1eports# Law /ournals and other published works in this $eld were
available in the Library of the Supreme Court of Bangladesh% Bar
Council Library# libraries of di&erent bar associations and universities#
and of the 0overnment and non*governmental institutions
1esearch and documentation cells of di&erent human rights
organisations as well as international agencies eg -2(C34# -25C1#
-nited 2ations (nformation Centre +-2(C,# 6orld Bank etc stationed in
7haka and concerned ministries were also used as sources of the
research 'he same work was also done within the country
Method of !esearch
8ethod of research may be understood as the method or technique
that is used for conducting a speci$c research
1
(t does constitute a
part of the many dimensions of the research methodology
(n conducting the study# several methods of legal research
9
eg
analytical# historical# comparative and critical were used Books#
published and unpublished articles# o.cial documents# paper clippings#
5
6

7
case laws
:
etc were helpful in this regard (n order to get a $rst hand
knowledge on the issue# the researcher while visiting these countries
interviewed the concerned academicians# government o.cials# human
rights activists# judges# lawyers and members of law enforcing
agencies (n interpreting case laws# (nternet# both analytical and critical
approach was used and rational arguments have been made
Chapter two
2. Laws Relatin to !o"en in #anladesh
Leislation for $usli" Co""unity%
>i? The Muslim Personal Law (Shariat) Application Act,1937 (Act
No. !" o# 1937).
>ii? The Dissolution of 1uslim 1arriae Act/5787 >Act %o9 .III of 5787?9
>iii?
The 1uslim )amily 'a(s Ordinance/ 57B5>Act %o9 .III of 57B5?9
>iv?
The 1uslim )amily 'a(s +ules/ 57B59
>v?
The 1uslim 1arriaes and Divorces >+eistration? Act/ 57D<9
>vi?
The 1uslim 1arriae and Divorce >+eistration? +ules/ 57D@9
Leislation for &indu Co""unity%
8
50
>i? The $indu 1arriae Disa-ilities +emoval Act/ 57<B >Act %o9 .III of 57<B?9
>ii? The $indu 1arried &omen4s +iht to separate +esidence and 1aintenance Act/
57<B >Act %o9 EIE of 57<B?9
>iii? The $indu &omen4s +iht to *roperty Act/ 578D >Act %o9 EIIE of 578D?9
>iv?The $indu Disposition of *roperty Act/ 578D >Act %o9 EIIE of 578D?9
>v? %o9 EII of 576C?9
>vi?The $indu &ido(4s +e-marriaes Act/ 5C@B >Act %o9 EI/ E. of 5C@B?9
>vii?
The $indu .alidity Act/ 57<79
Leislation for Chirstain Co""unity%
>i? The Christian 1arriae Act/ 5CD6 >Act %o9 E. of 5CD6?9
>ii? The Christian 1arried &omen4s *roperty Act/ 5CD< >Act %o9 E. of 5CD6?9
>iii?
The Divorce Act/ 5CB7 >Act %o9 I. of 5CB7?9
>iv?The Succession Act/ 576@ >Act %o9 87of 576@?9
Leislations Co""on to all Co""unities%
>i? The *enal Code/ 5CB0 >Act %o9 E'. of 5CB0?9
>ii? The special 1arriae Act/ 67689
>iii?
The Child 1arriae +estraint Act/ 57679
>iv?The ,uardians and &ards Act/ 5C709
>v? The #irths and Deaths +eistration Act/ 5CD89
>vi?The #irth/ Deaths and 1arriaes +eistration Act/ 5CCB9
>vii?
The )orein 1arriae Act/ 570789
>viii?
The #enal 1aternity #enefit Act/ 57879
>i"?The East #enal 1aternity #enefit +ules/ 57859
>"? The East #enal 1aternity #enefit >Tea Estates?Act/ 57@09
>"i?The East #enal 1aternity #enefit >Tea Estates? +ules/ 57@<9
>"ii?
The 1ines 1aternity #enefit Act/ 57<59
>"iii?
The Arya 1arriae .alidation Act/ 578D9
>"iv?
The Orphanaes and &ido(4s $ome Act/ 57<<9
>"v?
The +eistration Act/ 57D<9
>"vi?
The Child 1arriae +estraint Act/ 57679
>"vii?
The Do(ry *rohi-ition Act/ 57C09
>"viii?
The )amily Courts Ordinance/ 57C@9
55
>"i"?
The )amily Courts +ules/ 57C@9
>""? The Cruelty to &omen >Deterrent *unishment? Ordinance/ 57C89
>""i? Oppression of &omen and Children >Special Enactment?/ 577@9
>""ii?
%ari O Shishu %ir;aton Daman Ain/ 60009
>""iii?
The Acid Control Act/ 60069
>""iv?
The Acid Oporadh Daman Ain/ 60069
Chapter three
'. I"portant Issues Relatin to wo"en and protection of
Law
'.1) $arriae%
$usli" "arriae
1arriae in Islam is a contract and every 1uslim of sound mind (ho has attained
pu-erty may enter into a contract of marriae9 *u-erty is presumed/ in the a-sence of
evidence/ (hen one reaches the ae of 5@ years/ -ut this presumption is
re-uta-le9
<
2ntil the ae of pu-erty/ a minor may -e iven in marriae -y his or her
uardian and thouh this is in fact aainst the provisions of the Child 1arriae
+estraint Act/ such a marriae even
@
under that Act (ould not -e void9 2nder the
<
1usta Ahmed .s 1ahmud Amin *9'9D9 B69 Karachi <<6 quoted in &omen=s 'eal Status in #anladesh -y Sufia Ahmed
and Fahanara Choudhurry9 *9805

@
9 )a0lur +ahman - Islam *9 87 quoted in 'eal Status of &omen in #anladesh -y Salma So-han9
56
Sharia $anafi/ a irl iven in marriae -elo( the ae of pu-erty can repudiate that
marriae after she attained it and up to the ae of 5C provided the marriae (as not
consummated9 #y statute pu-erty is no loner relevant and irl iven in marriae
-elo( the ae of 5B can repudiate the marriae either on the attainin of 5B years/ or
pu-erty/ (here she (as married -efore pu-erty9 Since accordin to the Sharia a irl is
free from uardianship at pu-erty and -y the time she is 58 this is assumed/ the la(
presents another anomaly in that a irl can ive herself in marriae if she (ishes
-elo( the ae of 5B/ if she has attained pu-erty and the marriae (ould -e valid
thouh the person officiatin and the room himself (here he (as over 5C (ould -e
lia-le for punishment under the Child 1arriae +estraint Act9 +eistration of 1uslim
1arriae under section 8 of the 1uslim 1arriaes and Divorces >+eistration? Act/
57D</ G%ot(ithstandin anythin contained in any la(/ custom or usae/ every
marriae solemni0ed under 1uslim 'a( shall -e reistered in accordance (ith the
provisions of this Act9H That meams reistration is mendatory9 %on-reistration of
1uslim marriae is punisha-le/ -ut marriae is not void or void a-le due to non-
reistration in any la(9
Thouh a minor may -e iven in marriae/ no minor may contract herself in marriae
durin her minority and any such marriae (ould -e held to -e void >7D9'9+957@D
p9<@? &here a minor has -een iven in marriae and marriae has -een consummated
-efore pu-erty such consummation does not operate to deprive the minor of the
option to repudiate after pu-erty >7 D9'9+957@D p9<@? $o(ever there appears no
provision for e"plainin or informin the minor of this riht either at the time of her
marriae or (hen she attains pu-erty9 It (ould further appear that even in cases (here
a irl (as iven in marriae -efore pu-erty/ she attained pu-erty or say the ae of 5<
5I6 years and su-sequently the marriae (as consummated/ she should have the riht
under statute to repudiate the marriae after she (as 5B provided there (ere no
further acts of consummation -et(een the period of her 5Bth or 5Cth years9>C
D9'9+957@B p9DD?
B
A 1uslim male can contract valid marriae (ith a 1uslim as also (ith a Keta-i >Fe(
or Christian?9 #ut his marriae (ith an idolatress (ill -e irreular9 On the other hand/
A 1uslim (oman may not contract a valid marriae (ith any one else -ut a 1uslim9
A marriae (ith a Christian or a Fe( (ould -e irreular (hile a marriae (ith a
$indu (ould -e invalid >that is any children -orn (ould -e illeitimate?9 It simply
means that (hile a man may marry someone (ho is not his Jsocial equalJ a (oman
should -e protected aainst such marriaes9
A 1uslim male can ta!e four (ives at a time/ -ut a 1uslim (oman cannot ta!e more
than one hus-and9 Even a male marries havin already four (ivesA the fifth marriae
is not void/ -ut only irreular9 Thouh Islamic 'a( vastly improved the then status of
(oman/ the idea of (oman -ein a property could not -e altoether thro(n a(ay as
can -e found from the permissi-ility of plurality of (ives9 $o(ever/ reali0in the evil
effects of and the in;ustice inherent in the polyamy of men 1uslim )amily 'a(s
Ordinance/ 57B5 >Ordinance %o9.III of 57B5 .ide *a!istan Code 57BB .ol9EI./
*9BD? (as passed9 Sec9B of the Ordinance provides that no man/ durin the su-sistence
of e"istin marriae/ shall contract another marriae (ithout prior (ritten permission
of Ar-itration Council and violation of this provision entails lia-ility of conviction
B
Dha!a 'a( +eport/ 57@B *9DD
58
and punishment9 The Ar-itration Council (hile dealin (ith an application for
permission to marry durin the su-sistence of a marriae (ould consider (hether the
e"istin (ife consents to such marriae and (hether it is necessary and ;ust to rant
the permission9 #ut this leislation failed to produce the desired result -ecause due to
protracted procedure in courts fe( inclined to -rin violations to court and -ecause
the Ar-itration Council -ein manned -y males very often (ere not un-(illin to
accord permission on the slihtest prete"ts9 The la( did not ma!e adequate provision
to control the discretion of the Ar-itration council9
#y #enal Act %o95 of 5CDB >.ide East *a!istan Code/ 57B8 .ol9 559 p9D5? provision
(as made for reistration of 1uslim marriaes/ -ut reistration under this Act (as
optional9 1uslim )amily 'a(s Ordinance 57B5 made the reistration compulsory and
en;oined the Ka0i >(ho solemni0es marriae? on pain of punishment to report
solemni0ation of marriae to marriae reistrar so that the marriae may -e
reistered9 Similar provisions have -een made -y 1uslim 1arriaes and Divorces
Act/ 57D<9 One of the essential part of 1uslim marriae is Jdo(erJ paid or promised
to -e paid -y the hus-and to the (ife9 Do(er must not/ ho(ever -e confused (ith
Jdo(ryJ (hich consists of presents made -y father and other relations of the -ride
and 1uslim 'a( does not ma!e any provision for payment of do(ry9
Do(er is the sum of money or other property (hich the (ife is entitled to receive
from the hus-and in consideration of marriae
D
9 The amount of do(er may -e fi"ed
either -efore or at the time of marriae of after marriae9 The la( does not say
anythin a-out the quantum of do(er9 The amount of do(er is enerally split into
t(o parts- Jprompt do(erJ (hich is paya-le immediately on demand -y the (ife and
Jdeferred do(erJ (hich is paya-le only on dissolution of marriae -y death or
divorce9
1uslim personal la( has -een ta!en initiative to a-olish intervenin marriae9
1uslim )amily 'a( Ordinance/ 57B5 comprises provision to a-olish intervenin
marriae9 As per section D>B? of the Ordinance/ it has -een provided that nothin shall
de-ar a (ife (hose marriae has -een terminated -y tala! from remarryin the same
hus-and/ (ithout an intervenin marriae (ith a third person up to tree times and
after (hich the dissolution -ecome irrevoca-le9

In our social conte"t/ rihts of the -rides are violated/ forced consent are usually
practiced9 Child marriae is often solemni0ed (hich leads to offence/ includin even
death9 Intervenin marriae often solemni0in in rural area (hich is violation of
human rihts/ (hy it should after thee times effective divorce9 In my point of vie(/
child marriae should properly restraint9 #irth reistration has -een completed in our
countryA a column should -e added (ith G)orm-EH for G#irth +eistration %um-erH
of -rides under 1uslim 1arriaes and Divorce +ules/ 57D@9 It can reduce Child
marriae9
&indu $arriae%
Accordin to $indu social customs/ $indu marriaes are solemnised throuh
reliious rituals9 In the $indu reliion/ marriae is a reliious duty/ not a contract9 In
D
D9)9 1ulla/ *rinciples of 1ohamedan 'a(/ 5Dth Ed9*96DD
5<
#anladesh/ $indu marriae follo(s no leal proceedins rather social customs9
#esides/ $indu marriae rituals or formalities vary from caste to caste9 )amily Court
Ordinance/ 57C@ aims at resolvin leal disputes related to dissolution of marriae/
restitution of con;ual relation/ do(er/ maintenance/ and uardianship and custody of
children9 A $indu (oman can see! help from the ordinance only (hen the marriae is
solemnised -y Special 1arriae Act 5CD6 and reistered9 It is ama0in that there is no
specific $indu marriae la( or no marriae reistration system for $indu people in
#anladesh9 #ut/ no( days to leali0e the marriae a $indu couple can see! help
from the court9 The couple may notarise their marriae in front of t(o (itnesses >one
of the (itnesses may -e the priest (ho solemnised the marriae -ut it is not
mandatory? li!e in 1uslim marriae9 After that the marriae (ill -e reistered9
*ro-lems arise (hen the parties from different reliions (ould li!e to marry each
other (ithout chanin their reliion9 Special 1arriae Act 5CD6 is the preliminary
solution of the pro-lem -ut in case of determinin inheritance of their successors it is
really an impossi-le tas! as no domestic la( can resolve the pro-lem9
As per a 57<B la(/ $indu (omen can file cases (ith courts to only reain the rihts
to con;ual life9 #esides/ the $indu (omen can file cases under )amily Court
Ordinance 57C@/ Do(ry Act 57C0 and &omen and Children +epression Act 60089
#ut these la(s are too inadequate to protect the $indu (omen=s rihts9 #ut the
situation is very different in neih-orin India9 There are la(s in that country to
protect the rihts of $indu (omen such as &ido( 1arriae Act 5C@B/ +acial
Ina-ility +emission Act 5C@0/ Child 1arriae *revention Act 5767 >Amended 578C?/
Earned *roperty Affairs Act 5780/ Inheritance Act 576@ and $indu &omen=s +ihts
to 'ands Act 578D9 #esides/ ne( la(s have -een made in India after independence in
57<D9 These include $indu 1arriae Act 57@@/ Immature Children=s *roperty Act
57@B/ $indu Adoption and 1aintenance Act 57@B/ $indu Inheritance Act 57@B and
Special 1arriae Act 57B09
C
It (ould -e pertinent to mention the remar!a-le chanes
in ancient $indu 'a( in India throuh the $indu 1arriae Act-57@@:
59 Inter marriae -et(een persons of different castes is not prohi-ited9
69 1onoamy (hich is essentially the voluntary union for life of one man (ith one
(oman to the e"clusion of all others is no( enforced -y leislation9
89#iamy has -een made punisha-le as an offence9
<9The conditions and requirements of a valid marriae have -een considera-ly
simplified9
@9 Several matrimonial reliefs e99/ restitution of con;ual rihts/ ;udicial separation/
nullity of marriae and divorce have -een provided in this Act9
&indu wo"en in #anladesh sufferin for absence of "arriae
reistration:
K1inati Karma!ar in her 60s suffers at her hus-and=s house for ina-ility to -rin
do(ry9 1inati=s hus-and tortures her/ as she cannot -rin do(ry money for him9 )ed
up/ one day she leaves her hus-and=s house and returns to her parents9 The hus-and is
still after her and insists to return to him (ith do(ry money9
C
http:II(((9thedailystar9net
5@
The harassment is too much for her to -ear9 1inati (ants to terminate the marriae9
She oes to court and finds to her surprise that the $indu la( does not help her much9
In #anladesh/ $indu marriaes differ from caste to caste9 The $indu marriae rituals
have often no la(ful round9 So/ (hen the $indu (omen (ant to come out of -ad
marriaes they are in trou-le -ecause there is no marriae reistration system in the
$indu society in #anladesh9
Consider the case of Ka0ali +ani Das/ 689 She (or!s as a day-la-ourer at her villae9
$er neih-our/ San;oy 1adhu/ lured Ka0ali (ith a marriae proposal and convinced
her9 Then they ot married and -ean their con;ual life at the house of Ka0ali=s
parents9 #efore lon/ Ka0ali -ecomes prenant and San;oy is as!ed to ta!e Ka0ali to
his o(n house9
Ka0ali=s trou-le -eins here9 It does ta!e lon for Ka0ali to understand that she has
fallen into a trap9 San;oy delays to ta!e Ka0ali to his house -y ma!in false e"cuses
and later disclaims his marriae (ith her9 Ka0ali is no( too helpless to e"press her
pliht9 Society does not (ant to -elieve (hat she says9 She has no official document/
as her marriae (as not reistered9 This is no e"ception9 It happens to thousands of
$indu (omen in #anladesh9
7
Accordin to $indu social customs/ $indu marriaes are solemni0ed merely throuh
some reliious rituals9 There is no marriae reistration system for $indu people in
#anladesh9 It is surprisin that there is also no $indu marriae la( or $indu
marriae reister in the country9 So/ if any $indu (oman suffers in the hands of her
in-la(s/ she does not et leal help9
As per a 57<B la(/ $indu (omen can file cases (ith courts to only reain the rihts
to con;ual life9 #esides/ the $indu (omen can file cases under )amily Court
Ordinance 57C@/ Do(ry Act 57C0 and &omen and Children +epression Act 60089
#ut these la(s are too inadequate to protect the $indu (omen=s rihts9
50
A total of 76B marriae cases (ere received -y Ain O Shalish Kendra durin Fuly
6008 to )e-ruary 600< period9 Of them/ only 5D cases (ere related to $indu (omen9
Says la(yer %ina ,os(ami/ J$indu (omen do not complain much fearin the
marriae (ill -rea!9 That fear rips them -ecause divorced $indu (omen find it hard
to et ne( hus-ands9 There is no la( allo(in $indu (ido(s to remarry9J
#ut the situation is very different in neih-orin India9 There are la(s in that country
to protect the rihts of $indu (omen such as &ido( 1arriae Act 5C@B/ +acial
Ina-ility +emission Act 5C@0/ Child 1arriae *revention Act 5767 >Amendment
578C?/ Earned *roperty Affairs Act 5780/ Inheritance Act 576@ and $indu &omen=s
+ihts to 'ands Act 578D9
#esides/ ne( la(s have -een made in India after independence in 57<D9 These
include $indu 1arriae Act 57@@/ Immature Children=s *roperty Act 57@B/ $indu
Adoption and 1aintenance Act 57@B/ $indu Inheritance Act 57@B and Special
1arriae Act 57B09

7
: The $ail% Star, &une '(, )''(
50
i-id/ Fune 0</ 600<
5B
Efforts to enact la(s to protect $indu (omen=s rihts in #anladesh are th(arted -y
conservatives9 There are $indu men (ho leave their first (ives and ta!e second ones/
-ut the same people resist chanes for the -etter9
55
Althouh the clauses %o 57 >5? and 57 >6? of the constitution carry clear provisions
that the state (ill ensure equal rihts to all citi0ens and remove social and economic
disparities/ no overnment came up (ith steps to reform $indu la(s for protectin
$indu (omen=s rihts9
A(ami 'eaue presidium mem-er Sura;it Sen ,upta says/ J$indu la(s need to -e
reformed in our country9 #ut the free democratic environment that is needed for the
reforms has not properly developed yet9J
$indu reliionist and *rofessor of Culture and *ali Department of Dha!a 2niversity
Dr %iran;an Odhi!ari says/ J1arriae reistration is as necessary as the -a-ies= -irth
reistration9 It (ill -e helpful if *arliament ma!es la(s in this reard9J
*resident of 1etropolitan City 2niversal *u;a Committee S(apan Shaha says: JThere
should -e la(s to uide $indu marriae/ includin rihts to divorce -ecause $indu
(omen are sometimes forced to leave their hus-ands= houses9 In such a case/ a
(oman should -e a-le to o-tain leal divorce and ta!e another hus-and9J
Oranisin Secretary of #anladesh 1ohila *arisad +a!hi Das *ur!aistha says/
J1arriae reistration is a leal riht of (omen9 1arriae reistration needs to -e
o-liatory to all people irrespective of reliion/ cast and creed -ecause marriae
reistration does not disreard reliion9J
#ut leaders of $indu/ #uddhist/ Christian Oi!ya *arishad have different vie(s9 They
thin! marriae reistration is unnecessary for $indu people9 They thin! $indu -oys
-elieve in sinle marriae and the num-er of those (ho o for polyamy is very fe(9
The leaders say $indu (omen (ill -e repressed more if marriae reistration and
divorce la(s are enacted9
A $indu (oman social (or!er/ preferrin anonymity/ rerets/ J*eople in our country
only thin! of the society9 They foret that marriae reistration is a riht of (omenJ9
Advocate %ina ,os(ami also says/ JIn fact/ the $indu (omen have no riht in our
country9 #ut (e have nothin to do9J
The overnment can proclaim an ordinance reardin the reistration of the e"istin
$indu marriaes (ith the support of the local overnment li!e -irth reistration side
-y side sophisticate the 1uslim )amily 'a( Ordinance to -e supportive to the other
reliious community9 It (ill -e a remar!a-le act and (ill put an end to the
applications of reliious personal la(s9 I thin! it is hih time to (ithdra( the
reservation for the full implementation of the international instrument and it is also
necessary to chane the domestic la(s as a complement9 A unitary personal la(
codification is very much necessary9
Christian( #uddhist( )ribal etc.
55
The $ail% Star, &une '(, )''(
5D
The Christian 1arriae Act/ 5CD6 >Act %o9 E. of 5CD6?/ relates to solemni0ation of
marriae of persons (ho professin Christian reliion9 1arriae +eistration is
mandatory in Christian la(9 2Is @ of the act/ marriae can -e solemni0ed9 The act
provides that any marriae solemni0ed other than in accordance (ith the act shall -e
void9 1arriae under Christian la( is in the nature of contract and hence there should
-e a free and voluntary consent -et(een the parties9 &hen there is a minor/ as defined
in the act/ the consent of father or uardian is necessary9 1arriae is not permitted
-et(een the parties (ho are (ithin the prohi-ited derees of relationship uIs 57 of the
act9 There is no leal impediment for marriae -et(een a Catholic and a *rotestant9
#y marriae/ the hus-and and (ife -ecomes one person/ the leal e"istence of the
(omen is incorporated and consolidated into that of the hus-and9
There is no la( in our country reardin marriae or marriae reistration of
#uddhist and Tri-al community9 There is (ide demand for reistration of marriae
and divorce for all communities ali!e9 #ecause of non reistration (omen are
su-;ected to different humiliation9 There is a -i tri-al community in our country9 To
avoid ender discrimination and to esta-lish fundamental rihts and human rihts and
equality -efore la(/ and to develop the community proper enactments and steps is
very necessary for this concern9
'.2) *ivorce%
*ivorce in $usli" +ersonal Law%
It is in the field of divorce that the most flarant inequality -et(een hus-and and (ife
e"ists9 The hus-and has the riht of unilateral divorce/ for no cause at all9 The (ife
has no such riht/ and (hen her hus-and e"ercises his riht/ the (ife has no redress9
The (omen can have ;udicial separation on specified rounds throuh intervention of
Court9 The 1uslim )amily 'a( Ordinance 57B5 thouh has already provided for
ar-iters/ the ar-itration council cannot prevent the tala! -y the hus-and even if it -e
hihly ar-itrary and un;ust and can only delay the action in the hope that some
conciliation (ill result9 The most common mode of divorce -y man prevalent in
#anladesh is #edai Tala! >Irrevoca-le Divorce? (hich ta!es effect mmediately
(ithout the requirement of communication to the (ife for its validity9 The hus-and
pronounces three times that he divorces his (ife and (ith the third pronouncement
the Tala! -ecomes irrevoca-le and ta!es effect on completion of a certain period9 This
may also -e done -y (ritin on a piece of paper9
Once this riht (as e"ercised the parties could not re-marry (ithout the intervention
of another marriae/ i9e9 unless the (ife (as married to a thrid person and then
divorced after consummation of the marriae9
56
&ith the introduction of the 1uslim
)amily 'a( Ordinance 57B5/ the position has chaned9 Section D of the Ordinance
provides that Divorce iven -y the hus-and shall not ta!e effect until the hus-and has
iven notice of the Divorce to the chairman of local administrative unit/ 2nion
*arishad and ninety days have elapsed after issuance of the said notice and (ithin the
said period the hus-and can revo!e the Divorce9 The hus-and is also to ive a copy of
56
D9)91ulla/ *rinciples of 1ohammedan 'a(/ 5Dth Ed9
5C
the said notice to the (ife9 The Chairman on receipt of the notice (ould constitute
Ar-itration Council for effectin a re-conciliation (hich/ if successful/ (ould render
the divorce ineffective9 It is an offence not to notify the Chairman a-out e"ercise of
Divorce -y the hus-and9 The provisions of Sec9 D of the Ordinance apply mutatis
mutandis in case of divorce e"ercised -y the (ife and the divorce does not ta!e effect
unless notice thereof is iven to the Chairman and 70 days have elapsed thereafter9
The hus-and can deleate his po(er of divorce to his unconditionally or (ith
condition and that is called Tala!-e-Ta(fee09 &hen any condition is stipulated the
(ife can divorce her hus-and in the happenin of that condition9 %o( the divorced
parties can remarry (ithout the formality of the marriae (ith third party9 >SecD>B?/
1uslim )amily 'a(s Ordinance/ 57B59?
1uslim marriae can -e dissolved -y areement -et(een the hus-and and (ife and it
may ta!e the force of Khula or 1u-arrat9 In Khula/ the marriae is dissolved -y an
areement -et(een the parties for a consideration paid/ or to -e paid/ -y the (ife to
the hus-and/ it -ein necessary condition that the desire to separate should come from
the (ife9 &here desire to the separation is mutual/ it is said to -e 1u-arat9 A (ife is
entitled to Khula as of riht or restoration of (hat she had received in consideration
of marriae/ if she satisfies the conscience of the court that it (ill other(ise mean
forcin her into a hateful union9
58
As stated a-ove/ a 1uslim female does not have the
riht to divorce in the (ay a male has/ -ut she could see! ;udicial divorce on rounds
permitted -y 1uslim 'a(9 The Dissolution of 1uslim 1arriae Act/ 5787 >Act
%o9.III of 5787 >.ide *a!istan Code 57BB/ .ol9IE/*9D5B?9 (as passed in order to
consolidate and to clarify those rounds and also to add some ne( rounds9
5<
A (ife
is entitled to o-tain a ;udicial divorce on nelect or failure of the hus-and to provide
maintenance for t(o years9 #ut if the (ife refuses herself to her hus-and (ithout any
la(ful e"cuse and deserts her hus-and/ or other(ise (illfully fails to perform her
marital duties/ she has no riht to claim maintenance and cannot o-tain a decree for
dissolution of marriae on the round of nonpayment of maintenance9 The fact that
the (ife is a (oman of means (ould not -e a defense to the claim of ;udicial divorce
for non-payment of maintenance9 A 1uslim (oman can o-tain ;udicial divorce on
any round reconi0ed -y 1uslim 'a(9 Thus a (ife is entitled to ;udicial divorce if
the hus-and -rins false chare of adultery aainst her unless the hus-and -onafide
retracts the chare of adultery9 To constitute a valid retraction/ it must -e made -efore
the commencement of the hearin of the suit/ it must -e -onafide and there must -e
an admission -y the hus-and a-out ma!in the chare and an unconditional
ac!no(ledement -y him that the chare is false9 Incompati-ility of temperament as
results in a hateful union has -een accepted as a round for see!in ;udicial divorce9
#efore the Dissolution of 1uslim 1arriae Act 5787/ apostasy from Islam of either
party operated as a complete and immediate dissolution of marriae9 After passin of
the Act/ apostacy from Islam of the (ife does not dissolve the marriae >Sec9< of the
Act? (hile apostacy of the hus-and dissolves the marriae immediately9
5@

+estrictions have -een imposed on polyamyA the hus-and4s po(er to divorce
remains virtually unrestricted9 &omen e"ercisin the deleated po(er of divorcin
are seen in o-lique eye9 After dissolution of marriae the (omen are deprived of
58
Salma So-han - 'eal Status of omen in #anladesh/ #anladesh Institute of 'a( and International
Affairs/ Dha!a 57DC/ *9 609
5<
Act %L .II of 5787 >.ide *a!istan Code 57BB .ol9I./ p9D5B/ quoted in &omen=s 'eal Status in anladesh
-y Sufia Ahmed and Fahanara Choudhury9 *98589?
5@
I-id/ 1ulla9 5D
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ED9*980@
57
maintenance9 It is difficult for the (omen to o to court for reali0in her maintenance
and do(er after she e"ercises the po(er of deleated Tala!9 Traditional method of
dissolvin/ still dominant9 Divorce -y adherin to traditional method that means
reistration -y divorce (ith the Ka0is/ is still continues9 %otice procedure to 2*
Chairman under section DIC is not al(ays popular9 Section B>6? of the 1uslim
1arriae and Divorce +eistration Act/ 57D</ provides/ Gan application for
reistration of divorce shall -e made orally -y the persons (ho has or have effected
the divorceH -ut the act does not contain any adverse leal consequence if the
reistration of divorce is not made9 On the other hand/ section D spea!s that the
hus-and shall ive notice of tala! to chairman9 If notice requirement is violated the
hus-and is lia-le to punishment one year imprisonment of fine ma"imum
T!950000IM-or -oth9 So/ (hy the parties shall o for reistration of divorce (here
there is no penal provision for its violation9 The Ordinance made provision for
constitution of ar-itration council (ithin 80 days after the chairman receives the
notice9 #ut nothin is said in the ordinance if the chairman does not do his duty9 It is
may -e -etter to dissolution of marriae and decide a-out maintenance and do(er in
any case -y the )amily Court9
*ivorce in Christian Law %
Christian 'a( creates reater discrimination -et(een hus-and and (ife9 $us-and is
iven priority over (ife and equality provisions are violated9 The divorce Act/ 5CB7
provides for riht to divorce >section 50-55?/ adultery alone is the round on (hich
the hus-and can see! dissolution to the District Court or $ih Court Division9 On the
other hand/ Christian (omen must demonstrate his adultery coupled (ith incest >se"
relationship (ith !insfol!? desertion/ or he is uilty of -iamy >ta!in t(o (ives at
the same time?/ or of rape/ sodomy or -estiality >-eastliness?9 So men and (omen
have different standards on self-same matter9 Another o-;ectiona-le side of the act
that the hus-and has a riht to et compensation from a person/ (ho had illeal
relation (ith his (ife >section 8<?9 In contrast the (ife can not pray for such relief9 If
the court proves that the (ife is an adulterer/ she is su-;ected to penalty ands loses her
riht to alimony9 This is also ender -iased9
&indu( )ribal etc.%
%o system of divorce is availa-le in $indu la(9 Accordin to Daya-haa la( divorce
is not possi-le e"cept on a very limited round of chastity of (ife9 #ut/ (hat (ould
happen if the hus-and is of immoral characterN Section 50 of the Divorce Act 5CB7
empo(ers the (ife to present petition to the district court or to the $ih Court
division for the dissolution of her marriae on some reasona-le rounds9 Then/ it is a
question (hy not the $indu (omen e"ercise their rihtsN Are all $indu marriaes not
reconi0ed -y #anladeshi la(N All of their marriaes are voidN
On the other hand/ Tri-al/ #uddhist and some other communities has no divorce
procedure and divorce reistration in #anladeshi la(9 &omen of these communities
-ecame su-;ected to different humilities9 Their fundamental and humanitarian rihts
are violated fluently9 Can (e do to preserve their rihtsN
'.') $aintenance%
60
maintenance includes food/ clothin and lodin9 This definition of maintenance is
not e"haustive9 Te (ord includes other necessary e"penses for mental and physical
(ell -ein of a minor/ accordin to his status in society9 Educational e"penses(ere
included in the definition in Ahmedullah .s9 1afi0uddin Ahmad >D8? AI+ ,au9
5B

In accordance (ith 1uslim 'a(/ the father is -ound to maintain his dauhter until
she is married
5D
9 The fact that the mother has the custody of the dauhter till the latter
attains pu-erty does not relieve the father of his o-liation to maintain the dauhter9
5C
If the father is poor/ -ut the mother is in easy circumstances/ the mother has the
o-liation to maintain the dauhter
57
9 #ut a father is not -ound to maintain a dauhter
(ho is capa-le of -ein maintained out of her o(n property9 A 1uslim mother is
entitled to maintenance from her son if she is poor or if the son is financially
solvent9
60
A 1uslim hus-and is -ound to maintain his (ife so lon the (ife remains
faithful to him and o-eys his reasona-le orders9 If the (ife refuses herself to her
hus-and (ithout any la(ful e"cuse and deserts her hus-and or other(ise (ilfully
fails to perform her marital o-liations she has no riht to claim maintenance from
the hus-and9 #ut if the (ife refuses to perform her marital o-liations on the failure
of the hus-and to pay the prompt do(er the hus-and (ill not -e a-solved of his
lia-ility to maintain his (ife
65
9 A 1uslim (oman in the event of divorce is entitled to
maintenance -y the hus-and till the e"piry of the period of Iddat >e9i970 days/ and in
case of a prenant (ife till the end of the prenancy?9 A 1uslim male maintains his
dauhter as -est as his means permit and a hus-and also maintains his (ife to the -est
of his a-ility so lon the relationship remains ood/ -ut if the relationship is
estraned/ the condition of the (ife is very difficult9 The social milieu and
cum-ersome court procedure made it difficult for the (ife to have maintenance
throuh Court9 1uslim )amily 'a(s Ordinance/ 57B5 tried to evolve a procedure
throuh (hich the (ife can easily have her remedy/ -ut it has not produced any
apprecia-le improvement9 The )amily Courts Ordinance/ 57C@/ ho(ever/ has -een
promulated to deal (ith divorce and related matters and provisions have -een made
to dispose the cases of (ithin the shortest time possi-le9 A 1uslim (ido( is
essentially dependent on her son/ for/ enerally even her share in the property of her
hus-and remains in the hands of the son and ironically enouh/ her fate depends upon
the attitude of the dauhter-in-la(9 #ut if the (ido( has no son to depend upon the
relations of the hus-andA her condition in most cases is misera-le9
1uslims/ $indus/ Christians/ Tri-al all are entitled to ta!e resort to )amily Court9
1uslim can claim under personal la(s9 $indu (omen claim maintenance under their
personal la(s9 $indu married (omen4s riht to maintenance has -een esta-lished -y
the 1arried &omen4s Separate +esidence and 1aintenance Act/ 57<B9 $indu (omen
5B
O-aidul $uq Cho(dhury/ $and #oo! on 1uslim )amily 'a(s/ the Dha!a 'a( +eports/ )ifth Edition
577D/
p9 5D9
5D
I-id/ 1ulla9 5D
th
ED9
5C
I-id9

57
I-id9
60
I-id/ 1ulla9 5D
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65
I-id9
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can claim her maintenance on certain rounds9 The Christian (omen can claim
alimony >maintenance? under the Divorce Act/ 5CB79 In accordance (ith this act in a
pendin suit the (ife is allo(ed alimony from her hus-and/ not e"ceedin 5I@
th
of
hus-and4s averae net income for three years ne"t proceedin the ate of the order9
Apparently/ la( provides for maintenance -ut in our social conte"t and leal reime
its practice is not ood9
'.,) -uardianship and Custody of Children

Custody of children is one of the most ender -iased la( in our leal system9 The
concept is that (omen do not have uardian status in the eye of la(9 'a( of custody
and uardianship is a mi"ture of:
>i? Sunni $anafi 'a(/
>ii?Colonial 'eislative Innovation >,uardianship and &ards Act/ 5C70?/
>iii? The (ide use of the po(ers of ;udicial discretion/
>iv? Social and cultural practice of ender stereotypin9
$usli" Law
After divorce mother is entitled to custody of male till seven and female until pu-erty/
of course this ae line is fle"i-le on round of K(elfare doctrine49 A-ove this ae line
father is the leal uardian9 +easons for (omen4s deprivation the la(s vie( (omen
as/ less capa-le financial provider/ incapa-le social protector9 Also the traditional
-elief that father is the leal uardin9 #y not ivin a mother such inherent riht of
custody over her o(n offsprin/ she is treated as an in competent human -ein9
Christian Law
Thouh the Christian 'a( sounds perfect in protectin -est interest of the child/ it is
discriminatory to the mother9 The mother4s riht may -e denied if it is deemed that
such custody miht conflict (ith the -rinin up of a child (ith a faith other than the
father4s9
&indu Law

In $indu la( mother is not leal uardian9 ,uardians of the minors are: >i? father/ >ii?
persons appointed -y (ill -y father/ >iii? person appointed -y court and ,uardians
and &ards Act/ 5C709 Thus mother can -e deprived of uardianship -y father -y
appointin uardian -y (ill9 It is a ender -iased la( and contradictory to the la( of
equality9 Controversially/ mother is the natural uardian of her illeitimate child9 Thus
puts e"tra -urden on mother9
'..) Inheritance :
$usli" Law
66
1muslim la( of inheritance -ased is -ased on/ the rules relatin thereto laid do(n in
the Koran or in the traditions/and the customs and usaes prevailin amonst the
Ara-s in so far as they have not -een altered or a-roated -y the Koranic in;uctions
or traditions9
66


1uslim la( of inheritance has t(o distinct elements/ namely/ the customs of ancient
Ara-ia and the rules laid do(n -y the Ourand and prophet 1ohammad9 2nder the
customary la( of pre-Islamic Ara-ia the (omen in (hatever capacity (ere e"cluded
from inheritance9 The Ouran made quite a considera-le chane of the position9
Accordin to to the 1uslim 'a( there are three !inds of heirs >i? JsharersJ (ho are
entitled to a prescri-ed share of the inheritance/ >ii? JresiduariesJ (ho ta!e on
prescri-ed share/ -ut succeed to the residue left after satisfyin the claims of the
sharers/ and >iii? Jdistant !indredsJ (ho are -lood relations other than the sharers and
residuaries/ and succeed enerally in the a-sence of sharers and residuaries9 In the
classification of the heirs/ it is important to note that thouh the son=s son and son=s
dauhter have -een made residuary and sharer respectively/ dauhter=s children have
-een made distant !indreds9
68
The principles of succession amon the sharers and
residuaries are t(o-fold/ i9 The nearest in -lood relationship e"cluded the remote one
and ii9 &hoever is related to the deceased throuh any person shall not inherit (hile
the person is livin9
6<
2nder the 1uslim 'a(/ the (ife >or (ives ta!en toether? et
one-eihth if there is child/ and one fourth if there -e no child from the estate of her
hus-and/ thouh the hus-and ets e"actly dou-le9 1other ets from the estate of her
sons one-si"th (hen there is child of her son or (hen there are t(o or more -rothers
or sisters or one -rother and one sister of her son/ and one third (hen there is no child
and not more than one -rother or sister of her son9 On the other hand/ the father ets
from the estate of his son one-si"th if there -e child of his son and in the a-sence of
any child of his son/ he ets the entire residue after satisfyin other sharers claim/ and
so on and so forth9
6@
It is sinificant that the Ouran has provided that dauhter/
mother and (ife (ould under all circumstances -e entitled to some share in the
inheritance and are not lia-le to e"clusion from inheritance/ -ut they are not treated at
par (ith their male counterparts/ i9e9 son/ father and hus-and and to this e"tent rules
of inheritance are discriminatory9 &omen in fact (ere not iven parity in the matter
of their shares and as a eneral rule/ the female is iven one-half the share of the
male9 Salma So-han (rites/ since Jthe Koran is to -e li!ened to an Jamendin actJ
rather an e"haustive code999 in the chaned society there is little reason to perpetuate
this distinction9
6B

The case of sister=s inheritance is equally discriminatory9 Accordin to the rule of
nearer in relationship e"cludin the remoter in relationship/ children of a pre-
deceased son or dauhter (ould not inherit if a person died leavin another son9 This
often rendered the child or child of pre-deceased child destitute9 This inequity/
ho(ever/ has -een removed -y 1uslim )amily 'a(s ordinance/ 57B5/
6D
(hich
provides that the children of the predeceased child (ould inherit the share (hich the
66
Khaled +ashid/ 1uslim 'a(/ Third Ed9 p9 80@9
68
&omen=s 'eal Status in #anladesh -y Sufia Ahmed and Fahanara Choudhyry/ pu-lished in Situation of
&omen in anladesh/ &omen for &omen 57D79 *967@9
6<
I-id/ D9)9 1ulla/ *D09
6@
I-id9 *9D69
6B
Salma So-han - 'eal Status of &oman in #anladesh9 *9859
6D
An ordinance to ive effect to certain recommendations of the Commission on 1arriae and )amily 'a(s dealin (ith
succession/ reistration of marriae/ polyamy/ divorce/ maintenance/ do(er/ ect9
68
pre-deceased children (ould have inherited had he or she -een alive9 #ut the (ido(
of a predeceased son remains as helpless as -efore as she does not inherit anythin of
this ordinance9
1uslim la( ensures/ females and conates are made competent to inherit/ As a
eneral rule/ a female is iven one-half of the share of a male/ this is -ecause of her
lesser responsi-ilities and o-liations in comparision (ith males9 1uslim la( of
inheritance ensures si" classes of females as Koranic shares9 #ut the questions on the
point that/ Gthe (ido( receives very in adequate treatment/ for her ma"imum share is
5I<
th
of her hus-ands estate and that too is reduced to 5IC
th
-y the survival of any
child of the deceased/ and/ the most controversial pro-lem in the 1uslim la( of
inheritance is posed -y the fact that the Islamic la( of intestate succession ives a son
t(ice the share of a dauhter/ and a -rother of the full and consanuine -lood t(ice
that a correspondin sister >and/ indeed a (ido(er t(ice a (ido(4s share/ and a
father/ in certain circumstances/ t(ice that of a mother?9
6C
In 1uslim la( the female
never et residuary9 In la( / the ne(ly-created heirs are mostly female9 Some
deprivation and e"clusion from inheritance of (omen is not ;ustified9 Some of rules
of e"clusion suffer (ith certain defects and need modifations9 )or e"ample/ the
e"clution on the -asis of homicide/ in $anafi la( should -e restricted to intentional
homicide/ a child of fornication should -e accepted as an heir in shia la(/ and the
statutes (hich e"cludes dauhters from inheritance and thus defeat a most cardinal
principle of 1uslim la(/ should -e repeald9
Chirstian Law
Christian la( simply li-eral for male female4s succession9 1arried &omen4s *roperty
Act/ 5CD< and The Succession Act/ 576@ provides for Christian inheritance9 In
Christian la( son and dauhter et equal from the deceased9
&indu Law
The main points of difference -et(een Daya-haa and 1ita!sara are: >i? Daya-haa
does not reconise -irth-riht to property/ 1ita!sara does soA >ii? Draya-haa holds/
riht to inherit and order of succession are determined -y principle of spiritual
-enefitA in 1ita!sara -lood relationship is the determinant9 Spiritual -enefit consists
in performin o-sequial rites and offerin pindas >rice--alls?9 *lainly stated/ the riht
of a person to a deceased person=s property is determined -y his capa-ility of offerin
pinda for the -enefit of the latterA >iii? In Daya-haa/ mem-ers of a ;oint family hold
shares in quasi-severaltyA they can dispose of them even -efore partitionA >iv? In
Daya-haa/ even in an undivided family/ the (indo( ta!es the share of her hus-and
dyin childlessA in 1ita!sara/ she cannot do so9
In case of inheritance from father/ accordin to Daya-haa la(/ sons e"clude others
e"cept in case of non aricultural property9 In case of non aricultural property a (ife
ets a share equal to that of a son9 Sons or son of a predecessed son inherit from their
randfather the share (hich their father (ould have inherited if had -een alive at the
6C
!haled +ashid/ p9 80B9
6<
time of their randfather=s death9 If neither sons nor (ife/ nor sons of a predecessed
son is alive/ the dauhter or dauhters inherit (ith the priority to the maiden
dauhters9 #arren (ido(ed dauhter or dauhters havin no son or pro-a-ility to
have no son are e"cluded from inheritance to their father9 'oss of chastity is also a
round (hich can e"clude a (ife or dauhter from inheritance9 Only five classes of
(omen inherit accordin to Daya-haa School of $indu la(9 They are accordin to
preference: (ife/ dauhter/ mother/ father=s mother/ father=s father=s mother9 #ut these
(omen inherit only in life interest/ that is they are o(ners (ith limited rihts and on
their death the property (ould pass to the nearest male heir of the deceased male
o(ner and not to the heirs of the female heirs9 The (oman or (omen inheritin in life
interest can sell the property only for limited leal necessity9
Stridhana *roperty acquired -y (omen or received as ifts are o(n property of
(omen and are called stridhana property9 They can sell or ive a(ay this property as
per their desire9 Stridhana are devided into four classes accordin to the oriin of
acquisition -y (oman9 Succession to stridhana is also different ivin the dauhters a
-etter riht of inheritance9
The order of succession to stridhana/ dependin on its different !inds/ is as follo(s:
>i? Sulka >-ride=s price?: full -rother/ mother/ father/ hus-andA >ii? Yautuka >ifts made
at the time of marriae?: un--etrothed dauhters/ -etrothed dauhters/ married
dauhters havin or are li!ely to have sons/ -arren married dauhters and childless
(ido(ed dauhters sharin equallyA sons/ dauhter=s sons/ son=s sons/ sons= sons=
sons/ step-sons/ step-sons= sons/ step-sons= sons= sons9 In the a-sence of any of the
a-ove/ the yautu!a of a (oman (ould devolve in the order: her hus-and/ -rothers/
mother/ fatherA >iii? Anvadheya >ifts or -equests made -y the father su-sequent to
marriae?: order of succession is the same as in 3autu!a (ith the difference that >a?
sons are prefera-le to married dauhtersA >-? in case of a (oman/ dyin childless/ the
order of succession is -rother/ mother/ father/ hus-andA >iv? Ayautuka >ifts or
-equests from relations made -efore or after marriaeA ifts and -equests from father
-efore marriae?: Sons and maiden dauhters sharin equallyA married dauhters
havin or are li!ely to have sonsA son=s sonsA dauhter=s sonsA -arren married
dauhters and childless (ido(ed dauhters9 In the a-sence of all the a-ove/ Ayautu!a
devolves in the follo(in order: -rother/ mother/ father/ hus-and/ hus-and=s youner
-rother/ hus-and=s -rother=s son/ sister=s son/ hus-and=s sister=s son/ -rother=s son/
dauhter=s hus-and/ hus-and=s sapindas, sakulyas and samanodakas/ father=s !insmen9
Persons deprived of inheritance % The follo(in are some of those (ho are not
entitled to share in properties: impotent/ -orn -lind/ -orn deaf/ lunatic/ idiot/ dum-/
havin deformed lim-s/ apostate/ son of an apostate/ incura-ly diseased/ leper/
renouncer of (orldly life/ reneade9 A $indu converted to other reliion cannot
inherit if the succession opens after conversion9 If a $indu (ido( remarrys she has to
ive up the property or riht she had received from the previous hus-and9
Diso(nin or to disinherit an heir is permitted in $indu la(9 +eliious endo(ments
are common in $indu la( and person appointed for its manaement is called
shahayet9 In the a-sence of the heirs the property of the deceased male (ill vest in his
preceptor/ pupil and fello(-student in this order9
67
Only five classes of (omen inherit
accordin to Daya-haa School of $indu la(9 They are accordin to preference: (ife/
67
Sources: Chandra #aner;i and Tapan Kumar Cha!ra-orty
6@
dauhter/ mother/ father=s mother/ father=s father=s mother9 #ut these (omen inherit
only (hen livin/ that is they are o(ners (ith limited rihts and on their death the
property (ould pass to the nearest male heir of the deceased male o(ner and not to
the heirs of the female heirs9 The (oman or (omen inheritin (hen livin can sell
the property only for limited leal necessity9
+ractice in India% After the partition of India in 57<D $indu la( (as chaned in
India9 In 57@@/ ne( 1arriae Act (as enacted in India (here-y marriae system has
totally -een chaned and polyamy iven an end9 Divorce system (as also
introduced9 Section 58>5? of $indu 1arriae Act 57@@ declares the riht of divorce to
-oth the parties on some rounds9 In 57@B/ -y the enactment of the The $indu
Succession Act 57@B/ one la( (as enacted for all the $indus of India9 Sons and
dauhters (ere iven equal share on the demise of their father or mother (hile (ife
or hus-and (as due for one third share9 In 5775/ the Indian Succession Act 576@ (as
amended9 The amendment eliminates this discrimination aainst (omen and provides
that -oth dauhters and sons (ill receive equal shares in the property of -oth a female
and male intestate9
%o one can trace the e"act time or year of the -irth of $indu la(9 $o(ever/ it is
-elieved that $indu la( (as not created or promulated in a day li!e other la(s9 It
(as pro-a-ly ro(n throuh a process of evolution and custom until the (riters made
it a la(9 Deprivation from inheritance of (omen is nothin -ut in;ustice or
miscarriae of equality9 It should -e considered -y our leislature9
89B? Traffic!in
!n alarming increase in crimes against women has raised a serious
concern at the state of law and order in the country (n fact# violence
against women is an outcome of the prevailing unequal relationship
between men and women in our society (n the persisting patriarchal
societal structure# social customs# traditions# religious believes and
institutional rules and regulations all are tended to marginalize the
position# rights and status of women and further more undermine
their security 'here is a direct relationship between the de$nition of
law and order situation and security of women
:;
'he widespread
deterioration of law and order situation makes the situation more
vulnerable for not only the working women but also for those who
remain inside of a house 3ven more disturbing is the tolerance by
the community of violence perpetrated by <well known persons"#
gangs or law enforcing personnel
=resently# violence against women in Bangladesh is existing in all its
forms) visible and invisible 1ape# marital and custodial rape# child
rape# gang rape# murder# tra.cking of women and girls# oppression
of women to simple nutritional deprivation are some of the di&erent
forms of violence
:>
6omen are here considered as an object of
80
3asmin/ op.cit9/ p9 879
85
I-id9/ p9 869
6B
repression and no women aged between three and ?; are spared
'he incidents of rape in police custody become a new concern for
women# which indicates that women are not safe in the custody of
the law enforcing agencies
'he Bangladesh Bureau of Statistics in >@@: revealed that women"s
death due to unnatural causes +eg suicide# murder# burn# poisoning
etc, was almost three times higher than pregnancy related
causes
:9
)A#L/ 1
"#O$%&'% A(A#&S) *OM%& #& +A&($A,%S-
Sl
2o
Aear 1eported (ncidents of
1epression
(ncreased by
+B,
> >@@C >#9;D *
* * * *
9 >@@D :#>9> >?DEF
: >@@E ?#CC: EC:@
C >@@F D#9>; >C;@
? >@@@ @#?E9 ?C>:

Source ) The Daily Janakantha +7haka, >; 8arch# >@@F# pp > G >>
and > September# 9;;;# p E
)A#L/ 2
(2C(732'S H4 1!=3 (2 B!20L!73S5
Sl
2o
Aear 1eported
(ncidents
(ncreased by
+B,
> >@@C C@@ *
* * * *
9 >@@D ?9? ?9>
: >@@E 9#99C :9:D>
C >@@F ?#9?9 CD99
86
,overnment of the *eople4s +epu-lic of #anladesh/ 1inistry of *lannin/ *lannin
Commission/ The First Five Year Plan !!"#$%%$/ comp9 p9 5BC9
6D
? >@@@ :#?@D >;?E
Source ) The Daily Janakantha# >; 8arch# >@@F# pp > G >> and >
September# 9;;;# pE
)ra.c/in and $eislations:
Oranised crime syndicates control traffic!in in (omen (ithin and outside the country9 1ost of the
countries in South Asian reion have national criminal la(s that prohi-it traffic!in in personsI(omen9
#ut such la(s are not -ein adequately enforced9
'onstitutional 0rovisions
(t is an encouraging fact that all of three countries selected for the study have
constitutional provisions# which directly or indirectly prohibit tra.cking in person
irrespective of sex 4ollowing is the country wise discussion on constitutional
provisions# which prohibit tra.cking)
'he Constitution of Bangladesh ensures fundamental rights for every citizen =art
((( of the Constitution guarantees fundamental rights and part (( of it provides
fundamental principles of the state policy !nd all of these are based on the
internationally accepted instruments of the -nited 2ations eg -2 Charter#
-niversal 7eclaration of 5uman 1ights +-751,
'he modern concept of humanism is that all human being irrespective of men#
women and children have certain equal rights of life# liberty and pursuit of
happiness 'hese rights are inherent# fundamental and inalienable 'hese are
protected by Constitutional guarantees 'hese rights can be suspended# abridged
or taken away only in accordance with the law
'he constitutionally guaranteed rights give <women equal rights with men in all
spheres of the state and of public life contra*distinguished from private life which
is the domain of a person"s personal law based primarily on religion"
::
'he Constitution contains some important fundamental rights 'hese include) +i,
equality before law# +ii, abolition of discrimination on grounds of race# sex# caste#
or place of birth# +iii, right to protection of law# +iv, freedom of movement#
assembly# association# thought and conscience# speech# profession or occupation
and religion# +v, right to property and +vi, right to protection of home and
correspondence 'hese rights are inviolable and some of them may be restricted
in case of emergency 'he rights are guaranteed equally for male and female
citizens of the country and for the persons staying in Bangladesh
(n his thesis# 8r !hmed observes) I8ost of the fundamental rights of Bangladesh
Constitution are of such a nature that they may be applied in favour of 6omen as
well as menJ
:C
Such rights include right to equality eg equality before law#
abolition of gender discrimination and right of protection of law
'he Constitution ensures right to protection of law (t enacts that I'o enjoy the
protection of the law# and to be treated in accordance with law# is the
inalienable right of every citizen## and in particular no action detrimental to the
life# liberty# body# reputation or property of any person shall be taken except in
accordance with lawJ
:?
!nd I2o person shall be deprived of life or personal
88
Kha-ir 2ddin Ahmed/ G)undamental +ihts of &omen in #anladesh Constitution and 1uslim 'a(: A
Comparative Study/H 2npu-lished *h9D9 dissertation/ Institute of #anladesh Studies/ +a;shahi 2niversity/ 5777/
p9 579
8<
I-id.
8@
The Constitution of the *eople4s +epu-lic of #anladesh >hereinafter Constitution?/ Art9 859
6C
liberty save in accordance with lawJ
:D
!s regards <equality before law#" the Constitution provides that I!ll citizens are
equal before law and are entitled to equal protection of lawJ
:E
!nd discrimination
is prohibited on grounds of religion# race# caste# sex and place of birth
:F
6omen"s
equal rights with men are recognised Iin all spheres of the state and of public
lifeJ
:@
But this <equality clause" does not help women in her personal life (n
addition to that the constitution empowers the state to make laws for women#
and it empowers the state for Imaking special provision in favour of women"
C;
'he Constitution has no provision# which directly prohibits tra.cking
in human being But some related articles prohibit the crime 'he
Constitution has categorically prohibited all Iforms of forced
labour#J
C>
which is a consequence of tra.cking !nd# Iany
contravention of this provision shall be an o&ence punishable in
accordance with lawJ Besides# the Constitution empowers the state
to <adopt e&ective measures to prevent prostitution"
Statutory Leislations
Bangladesh and (ndia were a single State before >@CE So they
inherit the same system of criminal justice
'he State of Bangladesh inherits laws and legal system existing in
=akistan# which was also a single State named (ndia before >@CE
Like (ndia and =akistan# the Code of Criminal =rocedure
C9
+Cr=C, and
the =enal Code#
C:
in amended forms govern the criminal justice
system in Bangladesh 'he =enal Code contains provisions for
penalising crimes related to adduction# kidnapping# subject to
slavery# keeping in con$nement# buying or disposing any person as
a slave and selling for purpose of prostitution which in general cover
tra.cking Sections :D;# :D9# :D:# :D?# :DD +!,# :DD +B,# :DE# :DF#
:D@# :E;# :E># :E9# :E: and :EC of the Code have provisions for
penalising such crimes
Like (ndia# no Bangladeshi legislation*already repealed or now
existing aims to abolish prostitutes and prostitution as such and
make it per se a criminal o&ence or punish a woman as she
prostitutes herself But the law was or is to inhibit or abolish
commercialised vice namely the tra.cking in women +and children,
for the purpose of prostitution as an organised crime
8B
Art9 869
8D
Art9 6D9
8C
Art9 6C>5?9
87
Art9 6C>6?9
<0
Art9 6C><?9
<5
Art9 8<>5?9
<6
Act %o9 . of 5C7C9
<8
Act E'. of 5CB0/ B Octo-er/ 5CB09 The la( has successively -een amended -y A9O9 578D and A9O9
57<D Sch9 and the #anladesh 'a(s >+evision and Declaration? Act/ 57D8 PAct .III of 57D8Q/ Second Sch9
67
0unish1ent under the 0enal 'ode
'he penalty for kidnapping any person is imprisonment of either
description for a term# which may be extended to seven years and
also $ne
CC
4or kidnapping a person under the age of ten years and
to be engaged in slavery# the punishment is death sentence or life
imprisonment or rigorous imprisonment for a term# which may be
extended to >C years and shall not be less than seven years
C?
(f the
kidnapped person is a major one# the punishment is imprisonment
for either description for a form may be extended up to ten years
and $ne also
CD
'he punishment for inducing or forcing or seducing any women
under the age of >F years to illicit intercourse with another person is
imprisonment which may be extended to ten years and $ne also
CE
'he penalty for importing any woman under the age of 9> years into
Bangladesh from any country to be forced or seduced to illicit
intercourse with another person is imprisonment# which may be
extended to >; years and $ne
CF
'he Code also penalises crime related to enslavement 'he
punishment for importing# exporting# removing# buying# selling or
dispensing of any person as a slave +or accepts# receives or detains
against hisKher will, is imprisonment of either description for a term
which may be extended up to seven years and also $ne
C@
(f anyone
habitually deals in slaves the punishment is life sentence or
imprisonment of either description for term not exceeding >; years
and also $ne
?;
4or selling or buying or hiring or disposing of any person# under the
age of >F years with intent that such person shall +at any age, be
employed or used for the purpose of prostitution or illicit intercourse
with any person or for any unlawful and immoral purpose# the
punishment is imprisonment of either description for a term which
may be extended to >; years and also $ne
?>
Special $a2s
5aving provisions for penalising crime relating to violence against
women the =enal Code has been failing remarkably 'he Code
<<
The *enal Code/ Section 8B89
<@
Section 8B< A9
<B
Section 8BD9
<D
Section 8BBA9
<C
Section 8BB#9
<7
Section 8D09
@0
Section 8D59
@5
Section 8D6 and 8D89
80
provides punishment of imprisonment ranging from only one year to
>C years for crime related to tra.cking
!s overall incidents of violation of human rights of women had been
increasing dramatically at the early F;s# women"s and human rights
organisations were demanding special law with deterrent e&ect to
stop violence against women and children
(n this circumstances# the then Chief 8artial Law !dministrator
promulgated the Cruelty to 6omen +7eterrent =unishment,
Hrdinance# >@F:
?9
'he expedition to promulgate such a law was Ito
provide for deterrent punishment for cruelty to womenJ
?:
The Cruelty to Women (Deterrent Punishment) Ordinance
!"#$
'he provision of the Hrdinance overrides provisions contained in any
other law
?C
'his was the $rst legislation in Bangladesh# which
provides penalty for crimes related to <tra.cking in women"
speci$cally Section ? of the Hrdinance reads as <whoever imports or
exports# or sells# lets to hire or otherwise disposes of or buys# hires
or otherwise obtains possession of any woman of any age with
intent that such woman shall be employed or used for the purpose
of prostitution
??
or illicit intercourse with any person or for any
unlawful and immoral purpose# or knowing it to be likely that such
woman will be employed or used for any such purpose shall be
punishable with death or imprisonment for life
?D
or with rigorous
imprisonment for a term which may extend to fourteen years# and
shall not be less than seven years
?E
and shall also be liable to $ne"
6hen a woman is sold or let for hire or otherwise disposed of to a
prostitution or to any person who manages it# the person disposing
of such a woman shall be presumed to have disposed of her with
the intent that she would be used for the purpose of prostitution#
until contrary is proved 'he gist of the o&ence is the exercise or
e&ective control over a woman with intent that such a woman would
be used for the purpose of prostitution or illicit intercourse
?F
'he
intention may be gathered from the facts proved
?@
@6
Ordinance %o9 'E of 57C89 *u-lished in the #anladesh ,a0ette on 50 1arch/ 57C89
The Ordinance has -een repealed -y the Oppression on &omen and Children >Special *rovision? Act/ 577@9
@8
*ream-le9
@<
Section 69
@@
*rostitution means the offerin -y a (oman of her -ody for purposes amountin to common le(dness for
payment/ & v9 'e(( >57B8? 8 All E+ 5DD9
@B
Amended -y Act 8D of 57CC (ith effect from 50 Fuly/ 57CC9
@D
I-id9
@C
)atiur &ahman v9 The State/ 65 D'+ 708A 5@ D'+ &* @@A 5@ D'+ &* 55@9
@7
T. Ammal v9 S. *oundan/ 6< Cr9 '9F9 500A 67 Cr9 '9F9 7789
85
'he law also provided the punishment with imprisonment for life or
rigorous imprisonment for a term# which may extend to >C years
and $ne also for the crime related to kidnap or abduction of woman
for unlawful or immoral purposes
D;
3arlier# the punishment for
kidnapping any person was imprisonment of either description for a
term# which may extend to >; years and $ne also
D>
So the law of
>@F: has increased the penalty
)he Oppression on *o1an and 'hild 3Special
provision) Act4 1556
78
'his law was enacted with a view to penalise heinous crimes
relating to oppression on women and children 6ith the enactment
of this law the Cruelty to 6omen +7eterrent =unishment, Hrdinance#
>@F: was repealed
D:
Like the >@F: Hrdinance the >@@? !ct also
override other relevant laws
DC
'he !ct of >@@? further strengthened the penalty for tra.cking in
woman (t also provided life imprisonment and $ne for crime related
to import# export# buy or sell or hire or otherwise transfer a woman
to be engaged in prostitution or illicit intercourse or for immoral
purposes
D?
'he punishment for obtaining possession of a woman for
importing# exporting# hiring or transferring otherwise to be engaged
in prostitution or illicit intercourse or for immoral purposes was
rigorous imprisonment for >C years and $ne
DD
'his law provides life
sentence to rigorous imprisonment# which may not be less than
seven years and also $ne for o&ence related to kidnapping or
adduction of a woman to be engaged in prostitution or to be used
for immoral purposes% forced marriage% forced or deceitful
intercourse
DE
4or crime relating to tra.cking in a child the law# for
the $rst time# provided the punishment of capital punishment or life
imprisonment +Section >9,
Special 9eatures of the Oppression on *o1en and 'hildren
3Special 0rovision) Act4 1556
-nlike the >@F: Hrdinance the >@@? !ct had some special features
'he new law provided provisions for trial of o&ences relating to
oppression on women and children by special courts +Section >?,
B0
The Cruelty to &omen >Deterrent *unishment? Ordinance/ 57C8/ Section9<9
B5
The *enal Code/ Section 8B<9
B6
Act E.II of 577@9 The 577@ Act has -een repealed -y the Oppression on &omen and Children Control Act/
60009
B8
The Oppression on &omen and Children >Special *rovision? Act/ 577@/ Section 679
B<
I-id9, Section 89
B@
I-id9, Section C>5?9
BB
I-id9, Section C>6?9
BD
I-id9, Section 79
86
'here should be a special court in every district headquarter for
training the crime covered by the >@@? !ct +Section >D, 'he
government could also established special courts in other places# if
necessary# by 0azette noti$cation 'he court would be formed with
a 7istrict and Session /udge 'his also included !dditional 7istrict
and Session /udge
)he Oppression on *o1en and 'hildren 'ontrol
Act4 8::::
7;
'he law has been passed to facilitate enactment of necessary rules
for controlling oppression on women and children strictly
D@
6ith the
enactment of this new law the Hppression on 6omen and Children
+Special =rovision, !ct# >@@? has been repealed
E;
Like special laws
of >@F: and >@@?# the new one of 9;;; also overrides other
relevant laws
E>
Special 9eatures of the Act
The Oppression on &omen and Children Control Act/ 6000 has -een enacted (ith a vie( to control
Koppression4 as a (hole on the vulnera-le roup of our society/ (omen and children strictly9 The ne(
leislation has some special features9
+enalty
'he newly enacted law provides punishment of death sentence or
life imprisonment or rigorous imprisonment which may be extended
up to 9; years but not less than >; years and also $ne for o&ence
related to tra.cking in women
E9
'he punishment would be death
sentence or rigorous imprisonment for life and $ne if the victim is a
child
E:

'he punishment for abducting a woman or child to be engaged in
prostitution or unlawful or immoral purposes is life imprisonment or
rigorous imprisonment up to >C years and in addition $ne
EC
1ape
E?
is the common consequence of tra.cking 'he !ct provides
the penalty for rapping a woman or child# a rigorous imprisonment
for life and also $ne
ED
(f the victim dies following the rape the
BC
Act %o9 .III of 60009 *u-lished in the #anladesh ,a0ette on 5< )e-ruary/ 60009
B7
*ream-le of the 'a(9
D0
The Oppression on &omen and Children Control Act/ 6000/ Section 8<9
D5
Section 89
D6
Section @9 &oman means female of any ae PSection 6>C?Q9
D8
Section B9 Child means any person not over 5< years of ae P6>!?Q9
D<
Section D9
D@
The *enal Code/ Section 8D@9
DB
The Oppression on &omen and Children Control/ Act/ 6000/ Section 7>5?9
88
punishment would be death sentence or rigorous imprisonment and
$ne of taka not less than one lakh
EE
'he same penalty would be
sentenced to each of the gang if any woman or child dies following
a gang rape
EF
Special )ribunal
Section 9D of the !ct deals with the formation of special tribunals (t
provides that there would be the Hppression on 6omen and
Children Control 'ribunal in each district headquarter to try o&ences
under the !ct 'he 0overnment can establish more than one
tribunal in a district# if necessary 'he tribunal would be constituted
with one /udge in the rank of 7istrict and Session /udge 'his
includes !dditional 7istrict and Session /udge also
'he tribunal would not accept any o&ence for trial without a written
report submitted by a police o.cer not bellow the rank of a Sub*
(nspector +S(, or other authorised person designated by the
government LSection 9E+>,M 'he tribunal may accept any complaint
directly in exceptional cases LSection 9E+>,M
)rial 0rocedure
'he o&ences under the !ct are cognisable and non*bailable Hnly
for exceptional circumstances# the tribunal may grant bail +Section
>@,
'he o&ence under the !ct have to be investigated out by the
concerned police o.cer within D; days from receiving information
regarding happenings of the H&ence or being ordered by the
8agistrate for the investigation 'he (nvestigation o.cer may be
granted :; days more if sKhe could convince the 'ribunal that more
time is needed for fare justice +Section >F,
'he hearing of a case continues in the 'ribunal in every working day
until it comes to an end 'he trial of a case has to be completed
within >F; days after being accepted for trial by the tribunal
+Section 9;, 'he trial can be done in absence of the accused
person+s, +Section 9>,
%<ectiveness and *ea/ness of $eislation:
Constitutional guarantees in favour of women and laws enacted for
their protection and bene$t have not had much real impact on their
DD
Section 7>6?9
DC
Section 7>8?9
8<
lives 'he harsh reality is that women in South !sia in general and in
the (ndian Sub*continent in particular are less powerful# less
educated# less well to do than men and more exploited at almost
every level of society
'he incidents of violence against women eg kidnapping# family
violence# dowry# wife beating# sexual exploitation# tra.cking and
the like have been increasing gradually 7espite the constitutional
provisions for equality# social justice and protection of women these
continue /urist observes) Isuch o&ences are not merely a problem
of law enforcement but are also indicative of the disabilities and
inequalities from which the women in our country continue to
su&erNJ
E@
'his is the reality also for (ndia and 2epal
(n case of Bangladesh# the then Chief 8artial Law !dministrator in
>@F: enacted the $rst special legislation# the Cruelty to 6omen
+7eterrent =unishment, Hrdinance# >@F: 'his law was enacted in
response to the widespread and gradually increasing oppression on
women and children 'his was done with a view to remove the
drawback of the existing law
F;
enacted during the colonial rule 'he
>@F: Hrdinance provides provisions for penalising o&ences related
to kidnapping or abduction of women for unlawful or immoral
purposes +Section C,# tra.cking in women +Section ?,# rape
+Sections E and F,# causing death for dowry +Section D, etc But it
had no provision for penalising o&ences relating to oppression on
children# which was underlined as a major drawback of the
legislation
6ith the existence of the law the oppression on women and children
had been increasing alarmingly !s a result# the weakness of the
>@F: Hrdinance appeared to the administration and judiciary
without further delay 'he =arliament during the then 0overnment
of the Bangladesh 2ationalist =arty +B2=, once again enacted a new
legislation titled Nari-O-Shisu Nirjatan (Bishesh Bidhan) Ain, 1995
F>
L'he Hppression on 6omen and Children +Special =rovision, !ct#
>@@?M in >@@? 'his +new law, repealed the >@F: Hrdinance 'he
>@@? !ct decreased the punishment for Itra.cking in womenJ from
Ideath or imprisonment for life or with rigorous imprisonment for a
term which may extend to fourteen years# and shall not be less than
seven years and shall also be liable to $neJ to Ilife imprisonment
and in addition to $ne alsoJ -nlike the >@F: Hrdinance the >@@?
!ct provides for >C years rigorous imprisonment and $ne for
disposing or otherwise obtaining possession of a woman to import
or export# let to hire to be engaged in prostitution or illicit
D7
Fustice 'atifur +ahman/ inauural address at the %ational Seminar on $uman +ihts R +ole of 'a(yers
oranised -y the #anladesh #ar Council/ Co"4s #a0ar/ #anladesh 6B-6D %ovem-er/ 57779
C0
The *enal Code >Act %o9 E'. of 5CB0?9
C5
Act %o9 E.III of 577@/ approved -y the *resident of the *eople4s +epu-lic of #anladesh on 5B Fuly/ 577@ and
pu-lished in the #anladesh ,a0ette >Additional Issue?/ 5D Fuly/ 577@9
8@
intercourse or unlawful and immoral purposes LSection F+9,M
!ccordingly# it provides for the punishment of life imprisonment or
rigorous imprisonment for >; years which may not be less than
seven years and in addition $ne for o&ences related to kidnapping
or abduction of women +i, to be engaged in prostitution or other
unlawful or immoral purposes% +ii, to be married against her will%
and +iii, to be forced or deceitful intercourse +Section @, 'he law# for
the $rst time provided punishment directly for tra.cking in children
'he penalty was death sentence or life imprisonment +Section >9,
'he new legislation having 9@ sections provided for provisions for
special court# time limit for investigation# trial procedure# special
powers for 8agistrates etc
But within a very short time# the loopholes of the new legislation
were +>@@? !ct, exposed to a great extent (t was observed that
stringency was more emphasised instead of normal implementation
during enactment of the law (t provided that the arrested person
+accused, would not be granted bail
F9
within @; days
Section >F of the !ct provided for the tenure of D; days for
investigation of any complaint under the !ct (n special
circumstances# the court could extend the time for :; days more
'here was no provision for punishment of the (nvestigation H.cer if
sKhe failed to complete the investigation within the stipulated time
+maximum @; days, (t was not clearly mentioned that what would
be the position of a case if the investigation were not completed
timely =ress reports indicate that the Inon*bailableJ provision of the
!ct become a weapon for harassing Iinnocent publicJ 'he !ct
provided the penalty of death sentence for o&ences like acid burn
+Section ?,# rape +Section D,# killing for dowry +Section >;,# child
tra.cking +Section >9, etc 4or other o&ences# the penalty ranged
from life imprisonment to rigorous imprisonment for >C years 'he
oppression on women and children has been increasing gradually
6ith the enactment of Ispecial lawsJ for women and children the
phenomena of $ling Ifalse caseJ has increased sharply 'he judge#
lawyer and investigating authority +police, acknowledged it 'his is
going on for harassing others !s a result the rate of conviction is
very few under the !ct 'hough it also resulted from faulty
complaint and charge sheets# lack of evidences# absence or
irregular presence of eyewitnesses# faulty trail procedure and other
things 'hese inOuence high rate of acquittal
TA#'E 8
C6
Section 6B/ Accused person (ould not -e ranted -ail (ithout holdin hearin of the complaint9 If the court is
convinced that there are reasona-le rounds for conviction in the complaint -ail (ould -ot -e ranted9
8B
S'!'3832' H4 C!S3S 13L!'(20 'H '1!44(CP(20 (2 6H832 7-1(20
>@@D 'H >@@@
Aear
2o of
Cases
2o of
'ra.ck
ed
6omen
1ecovery
of
'ra.cked
6omen
'otal 2o
of
!ccused
2o of
!ccused
!rrested
>@@D :: EE C> >:; DE
>@@E DC >;: FC 9CC DF
>@@F F: >>9 F? 9>? >;:
-p to
Sept
embe
r
>@@@
:> CD 9F >;C :C
)ota
l
811 33; 83; 753 8=8
Source ) Bangladesh Bar Council# u!an "i#hts and "$le $%
&a'yers, ud
!fter enactment of the Hppression on 6omen and Children +Special
=rovision, !ct# >@@? the number of cases $led under the !ct is
:#DCD in >@@D# ?#?C: in >@@E only in $rst six months of >@@@ 'he
increasing rate from >@@D to >@@F is >;9 percent 6ithin one year#
from >@@D to >@@E# the number of registered cases increased by D;
percent 6ith the increasing of number of case# the rate of
conviction decreased
(n >@@D# 9#E:: out of :#DCD cases were charge sheeted +E?B, 4inal
report was made for @;D cases +9?B, Conviction was made only for
9;E cases +>@B, and for >#;DF cases accused were acquitted
-nder the >@@? !ct the rate of conviction was >@9D percent in
>@@D which decreased to >C;F percent in >@@E 'he rate of
acquitted cases was F;EC percent in >@@D 'his increased to F?@9
percent in >@@E
'hough separate data for tra.cking cases are not available# but the
$gure mentioned earlier indicate the <over all" picture of the <special
legislation" enacted <in favour of women and children"
0iven the example of the Hppression on 6omen and Children
'ribunal#
F:
in last 9F months completed by 4ebruary >@@@# the court
has completed trial of :;;; cases Besides# >#:?D cases were under
trial !mong completed cases conviction was possible only for ??
cases +>?::B, 'he accused was sentenced with di&erent
punishment including life imprisonment 'he main cases behind
C8
Esta-lished on 6B Octo-er 577B (ith one Fude as quoted in The +aily ,ttefa-/ Dha!a/ D 1arch 5777/ 5B-5@9
8D
acquittal of large number of cases were identi$ed as lack of
eyewitness and evidences Since the punishment is stringent for
o&ences related to oppression on women and children the
complaint and accused come to a negotiation and proceed
accordingly !s the trial is time consuming the complaint become
frustrated
FC
!ccording to a press report#
F?
9#D>? cases have been $led under the
>@@? !ct in last $ve years# >@@D to 9;;; in the district of Bogra
only 'he interesting thing is that till 7ecember 9;;; only 9? cases
have been $nalised 7ue to faulty charge sheets# absence or
irregular presence of complaint and eyewitnesses# the concerned
court has so far discharged E>? cases =olice o.cials in Bogra
indicate that @? percent of the cases $led under the >@@? !ct are
IfalseJ 'hese cases were $led in di&erent police stations and
courts 'he year*wise number of discharged cases in the district is)
F@ out of >C9 in >@@D% >FC out of 9DF in >@@E% >E9 out of ?;9 in
>@@F% 9;E out of E@F in >@@@ and D: out of @;? in 9;;; 'he
percentage of discharged cases is D9B in >@@D% DFB in >@@E% :CB
in >@@F% 9?B in >@@@ and DB in 9;;;
FD
'he San#(ad# a vernacular daily from 7haka headlines that I8isuse
of Hppression on 6omen and Children !ct in Bogra# 9F> cases in six
months# half are <falseJ
FE
!ccording to the report# during the period
from > /uly to :; /une >@@F# 9F> cases have been registered with >>
police stations in Bogra under the >@@? !ct !mong the case# >@>
are for oppression on women and @; for oppression on children 'he
report discloses that most of the complaint of the said cases were
accused in di&erent cases earlier 'hey $led new cases to harass
the eyewitnesses# even complaints of the previous cases Some
lawyers reportedly encourage to $le Ifalse casesJ for their
Iprofessional gainsJ 'he case of Bogra was not the only one 'he
same thing is going on in other districts
6ith this backdrop# the >@@? !ct earned enormous criticism within
two years of its enactment 'he 0overnment initiated to enact a
new law for penalising oppression on women and children back in
>@@F 4inally# the new legislation titled Nari O Shishu Nirjatan
Da!an Ain, )*** +the Hppression on 6omen and Children Control
!ct# 9;;;, was enacted in 9;;; 'his routinely repealed the >@@?
!ct 'he new law among others penalises o&ences related to $lling
Ifalse caseJ 'he punishment is maximum seven years rigorous
imprisonment and $ne +Section >E,
'hough# to evaluate the e&ectiveness and weaknesses of the new
legislation more time would be needed but in the meantime some
sections of the !ct have come under criticism
C<
I-id9
C@
The +aily .ugantor >Dha!a?/ 50 1arch/ 6005/ *9 79
CB
I-id9
CD
The Sang(ad, 6D Fuly/ 577C9
8C
'he law empowers the 'ribunal
FF
to order for keeping the victim#
women and children in a place run under the authority of the
0overnment for the purpose of the !ct or in other suitable
organisation or in the custody of a person# which is considered
suitable by the 'ribunal 'his can be done if the 'ribunal has the
reason to believe that the victim needs <safe custody" during the
trail of any o&ence under the law +Section :>, But to keep any
person in the <safe custody" is contrary to the spirit of the
Constitution 3minent Lawyer# Barrister !mirul (slam has rightly
challenged the constitutional validity of the provision questioning)
I6hat is the right of the law and law enforcing agency which cannot
protect life and dignity of a women to became a custodian for her
securityQJ
F@
5e suggests to consider will# opinion# intellectual ability#
relatives and circumstances of the woman before keeping her in jail
in the name of the Isafe custodyJ
So far# few positive sides of the existing law have been explored
-nlike the previous Hrdinance and !ct# the new one does not totally
prohibits granting of bail But it empowers the tribunal to exercise
its discretion in this regard +Section >@, 'here are also provisions
for recommending Idepartmental punishmentJ by the 'ribunal if the
concerned (nvestigation o.cer and doctor
@;
failed to perform their
duties +Section >F and :9,
In the case of #anladesh/ it is proved that the strinent la( is not the solution of the
pro-lem9 &hat is more important is that proper implementation of the la(/ (idely
ac!no(leded -y the ;urist/ la(yer and human rihts activists9
$o(ever/ the enactment of three leislation Gin favour of (omen and childrenH in last
5D years has made the efficiency of the leislator questiona-le9
'.0) *owry
1arriae neotiations for #anladeshi 1uslims involve various

financial transactions
includin primarily the

reliiously sanctioned do(er >mahr?9 Added to mahr/ the
practice of do(ry or /outuk/ demands made -y the

hus-and4s side to the -ride4s side/
have in the last fe( decades -ecome a (idespread

practice supported neither -y state
la( nor personal la(s/ -ut

apparently desined to strenthen traditional

patriarchal
assumptions9 The do(ry system is not reconised in the reliion or the la( of the
1uslim societies -ut has spread into it9 Conversely/ Islamic la( provides do(er to
enhance the status of (omen9 &hy should 1uslim (omen/ (ho are supposed to -e
protected -y do(er/ -ecome victims of do(ryN &hile recent scholars have admitted
the fact that do(ry has spread to the 1uslim communities/ they have larely inored
the position of 1uslim (omen (ithin this discourse9
CC
The Oppression on &omen and Children Control Tri-unal/ constituted under section 6B of the 6000 Act9
C7
The +aily ,ttefa-, Dha!a/ 7 )e-ruary/ 6000/ p9 D9
70
+esponsi-le for medical e"amination of the rape victim9
87
Do(ry deaths are a common phenomenon in South Asia9 These deaths of (omen are
usually caused -y the same persons (ho are leally and socially en;oined to protect
them/ i9e9 their hus-and or in-la(s9
The Do(ry *rohi-ition Act of 57C0 prohi-its the ta!in or ivin of do(ry9 The
+epression Aainst &omen and Children *revention Act of 6000 Defines Do(ry as:
1oney/ oods or other property iven or promised directly or indirectly -y the -rides
side to the room or his father/ mother or any other person from the -riderooms side
at the time of marriae as consideration or condition of the marriae and any such
money/ oods or property demanded from the -ride or the -ride=s side -y the room/
his father or mother or any person from the room=s side PSection 6>;?Q 9
The +epression of &omen and Children *revention Act of 6000 Section 55 States:
If any (oman=s hus-and or hus-and=s father/ mother/ uardian/ relation or any person
actin for the hus-and/ causes the death of that (oman for do(ry or attempts to cause
death or in;ures such (oman for do(ry or attempts to cause such in;ury the hus-and
or hus-and=s father/ uardian/ relation or any person shall:
a9 )or causin death -e punisha-le -y death penalty or for attempt to cause death -y
life imprisonment and in -oth cases shall -e lia-le to pay additional fine:
-9 )or causin in;ury shall -e punisha-le -y riorous life imprisonment or for attempt
to cause in;ury -e punisha-le -y riorous imprisonment up to the term of ma"imum
fourteen years -ut not less that five years and In -oth cases -e lia-le to additional
fine9
2nder the Do(ry *rohi-ition Act/ 57C09Areement for ivin or ta!in do(ry is
void9 1aistrate court has ;urisdiction over the matter9 #ut in our social conte"t/ still
no( do(ry is very common in marriae in different form9 The purpose of this act is
not properly frustratedA it creates at least pu-lic a(areness9 &e have to practice to o
for leal help and try to remove do(ry from society9
<0
'.1) Restrictions on Child $arriae%
Child marriae is the sic!ness of our society 9 It is a very common phenomenon in
our country92nder the 1uslim la(/ marriae is a contract -et(een t(o individuals
and to ma!e it valid the consent of -oth partners in the presence of t(o (itnesses is
essential9 &ith reard to child marriae/ the la( states that should a irl -e married
off -y her parents durin infancy/ the marriae must -e endorsed or dissolved -y the
irl on her attainin pu-erty9 In a -id to restraint child marriae/ the Child 1arriae
+estraint Act 5767 >amended in 57C<? raised the minimum ae of marriae for -oth
(omen and men9 The 57C< amendment fi"ed the minimum ae at 5C for (omen and
65 years for men9 #ut (idespread contravention=s of this la( proves that its
enforcement is very (ea!/ and there is hardly any prosecution for any -reach of this
la(99
In accordance (ith section < of the child 1arriae +estraint act/5767 child marriae
is punisha-le offence/ solemni0in child marriae and the uardians also lia-le to
punishment9 &omen4s are not lia-le to punishment under this act/ I thin! it is
questiona-le9 2nion parishad or paurashava or municipal corporation (ithin the area
shall -rin the complaint and any first class 1aistrates have ;urisdiction to ta!e
coni0ance the offence9 #rinin alleation process is very comple"/ I thin! it should
-e li-eral9 In our social conte"t/ the o-;ects of the act is not totally frustrated/ at
-rins pu-lic a(arness9
Chapter four
,. Constitutional uarantees%
<5
The Constitutions of #anladesh India and %epal uarantee equality of status and opportunities to men
and (omen9 1ore over the States are empo(ered -y the Constitutional provisions for ma!in
provisions -oth eneral and special for the (elfare of (omen9
The Constitutions of these three selected countries uarantee various fundamental rihts irrespective of
se"9 A (omen as a citi0en of the country en;oys these rihts9 The follo(in fundamental rihts are
availa-le for -oth men and (omen9
Riht to /2uality
GEquality -efore la(H has a place in almost all the (ritten Constitutions that uarantee fundamental
rihts9
75
#oth the e"pressions have also -een used -y the 2D$+9
76
These terms have -een adopted
from the Enlish Constitution/ (hich implied a-sence of special privilee in favour of any person9 It
provides that all citi0en are equal -efore the la( and thus implies Gequality of treatment in equal
circumstances/H
78
e99 application of the same la( ali!e and (ithout discrimination to all persons
similarly situated9
7<
The formula as stated in the relevant Articles of the Constitutions of #anladesh/ India and %epal
contain the Enlish concept of equality -efore la( and the American concept of equal protection of
la(9 #ut the concept is not independent and severa-le in their application and (ill -e found to overlap
each other9
7@
#ut it is a uarantee aainst discrimination -oth in conferment of privilees and
imposition of lia-ilities9
7B
In fact the concept GEquality -efore la(/H derived form the Enlish Constitutional la( follo(s from the
Krule of la(94 The latter connotes the undisputed supremacy of la(9 This supremacy of la( is for ivin
security to the rihts of individual (ho are the citizens of a democratic State
@E

Every modern State/ at least theoritically has accepted the principle of equality -efore la(9 Its
acceptance is found in the provisions of the most of the (ritten Constitutions9
7C
,enerally/ equality -efore la( meant that amon the equals la( shall -e equal and shall -e equally
administered9 There shall not -e any special privilee for the reason of -irth/ creed etc9
77
In the case of Sheikh A(dus Sa(ur v9 &eturning officer
500
it (as o-served that:
Equality -efore the la( does not mean a-solute equality of man/ (hich is physically impossi-le/ -ut
the denial of any special privilees -y reason of -irth/ creed or the li!e/ in favour of any individual and
also the equal su-;ection of all individuals and classes to the ordinary la( of the land administered -y
the ordinary la( courts9
The Appellate Division of the Supreme Court of #anladesh further o-served:
GEquality -efore la(H is not to -e interpreted in its a-solute sense to hold that all persons are equal in
all respects disreardin different conditions and circumstance in (hich they are placed or special
qualities and characteristics (hich some of them may posses -ut (hich are lac!in in others9
505
75
2SA Constitution/ Sec9 5 of 5<
th
amendment : K%o state shall S deny to any person (ithin its ;urisdiction the
equal protection of la(s94 1yanmar Constitution/ Sec9 58 : GAll citi0ens irrespective of -irth/ reliion/ se" or race
are equal -efore la(/ that is to say/ there shall not -e any ar-itrary discrimination -et(een one citi0en or class or
citi0ens and others9H The Constitution of the *eople4s +epu-lic of #anladesh >hereafter/ #anladesh
Constitution? Art9 6D : KAll citi0en are equal protection of la(94 The Constitution of India/ Art9 5< : GThe State shall
not deny to any person equality -efore the la( or the equal protection of the equal protection of the la(s (ithin
the territory of India9H The Constitution of the !indom of %epal >hereafter %epal Constitution?/ Art9 II : GAll
citi0en shall -e equal -efore the la(9 %o9 person shall -e denied the equal protection of the la(s9H
76
The 2niversal Declaration of $uman +ihts/ 57<C/ Art9 D : GAll are equal -efore the la( and are entitled
(ithout any discrimination to equal protection of the la(9H
78
Dicey/ Law of the constitution, 50
th
ed9 *9 <79
7<
.agannath Prasad v9 State of 0. P., AI+ 57B5 SC 56<@9
7@
+r. 1urul ,slam v9 2angladesh >57C5? 88 +L& >AD? 6059
7B
1ahmudul Islam/ 3onstitional Law of 2angladesh >Dha!a : #anladesh Institute of 'a( and International
Affairs/ 577@?/ p9 D79
7D
La4minarayan v. 3ollector, AI+ 57@B 1# 5B89
7C
Islam/ op9 cit9/ CC9
77
Islam/ I-id9
500
Sheikh A(dus Sa(ur v. &eturning 5fficer >57C7? 7 #'D >AD? 6@ at 8@9
505
I-id9/ >57C7? 7 #'D >AD? 6@ at 8B9
<6
Thouh personal la(s e"istin in South Asian countries provide that male and female are not of Kequal
status4 in terms of inheritin property9 #ut the Indian Supreme Court o-serves that in case of division
of property after the death of the father/ sons/ (ife and dauhters are entitled to inherit his estate
includin alienated property even thouh the (ife and dauhters are under the customary la(s
incompetent to challene the alienation9
506
The Constitution of #anladesh further provides that (omen shall have equal rihts (ith men in all
spheres of State and of pu-lic life9
508
Riht to 3on4*iscri"ination
The Constitutions of #anladesh/ India/ and %epal prohi-it classification of citi0ens on rounds of
only reliion/ race/ caste/ se" or place of -irth9
Discrimination indicates an un;ust/ unfair or unreasona-le -ias in favour of one and aainst other9
50<
The eneral meanin of <discriminated against" is to <make an adverse distinction with
regard to#" <distinguish unfavorable from others"
>;?
Article 6C>5? of the Constitution of #anladesh provides that state shall not
discriminate aainst any citi0en on rounds only of reliion/ race/ caste/ se" or place
of -irth9 This Article corresponds to Article 5@>5? of the Indian Constitution and
Article 55>8? of the %epali Constitution9 Accordin to Dura Das #asu
50B
the scope of
the Article 5@ of the Indian Constitution is very (ide9 Article 5@>5? reads GThe State
Shall not discriminate aainst any citi0en on rounds of only reliion/ race/ caste/ se"/
place of -irth or any of them/H The plain meanin of the prohi-ition is that no person
-elonin to a particular reliion/ cast/ se" etc9 shall -e treated unfavoura-ly -y the
State (hen compared (ith persons of any other reliion or se" merely on the round
that sIhe -elons to the particular reliion or se"9
50D
#ut discrimination (ill not -e
unconstitutional if there is any other round or consideration for the differential
treatment in addition to those prohi-ited -y the Article9
50C
1ight to 3qual =rotection of Law
+iht to equal protection of la( is an important fundamental riht9 Article 85 of the
#anladesh Constitution provides that riht to protection of the la( and to -e treated
in accordance (ith la( is the inaliena-le riht of every citi0en9 This is also applica-le
for the person residin in #anladesh for the time -ein9 And no action detrimental to
the life/ li-erty/ -ody/ reputation or property of any person shall -e ta!en in
accordance (ith la(9
Article 5<0 of the Indian Constitution provides : GThe State shall not deny to any
person equality -efore the la( or the equal protection of the la(s (ithin the territory
of India9H
506
)ashan v9 Ta/ &am AI+ 57C0 SC @@CA *iani &am v. &am/ilal AI+ 57B7 SC 55<<9
508
Art9 6C>6?
50<
2ishnu 3haran Panda v9 State of 5rissa >57C6? @< Cut 'T 88D9
50@
6athi &aning v. State of Saurashtra >57@6? SC+ <8@ ><<6?A .ona(a +alia
Parveen v9 2angladesh 2iman 3orporation >577B? 5B #'D >$CD? 8@D9
50B
Dura Das #asu/ ,ntroduction to the 3onstitution of ,ndia, 5C
th
ed9/ >%e( Delhi :
*rentice $all of India *rivate 'imited/ 577D?/ p9 709
50D
I-id9
50C
Yusuf v9 State of 2om(ay AI+ 57@< S9C 8659
<8
Article 55>5? of the %epali Constitution also provides that G999 %o person shall -e
denied the equal protection of the la(s9H
In )ofi7ur &ahman v. 2angladesh
507
the Appellate Division of the Supreme Court of
#anladesh o-serves that Gevery action affectin a citi0en4s riht must -e ta!en in
accordance (ith la( or under the authority of la( and not accordin to the (hims of
the person in authority or under any e"ecutive fiat9H
%ight to &'uality o( O))ortunity in &m)loyment
The Constitution provides equality of opportunity for all citi0ens in respect of
employment or office in the service of the +epu-lic and prohi-its discrimination or
inelii-ility on rounds only of reliion/ race/ caste/ se" or place of -irth9
550
Article 5B>5? of the Constitution of India provides equality of opportunity in matters
relatin to employment or appointment to any office of the state9
555
The riht to
equality is only in employment or appointment under the State9 This relates to the
matter of recruitment/ promotion/ (aes/ termination increments/ leave/ ratuity/
pension/ ae of retirement/ etc9 #ut this equality is amonst the equally placed
persons/ equality amonst the same class of persons and not amonst different classes
of persons9
556
The Constitution lists specific rounds on (hich citi0ens are not to -e discriminated
aainst each other9 These are reliion/ race/ caste/ se"/ descent/ place of -irth etc9
,ender -ased discrimination is specifically prohi-ited -y the Constitution9 Se" shall
not -e the sole round of inelii-ility for any post9
1ight to Life and =ersonal Liberty
The Constitutions of #anladesh/ India/ and %epal uarantee riht to life and
personal li-erty9 Article 86 of the Constitution of #anladesh reads : G%o person shall
-e deprived of life or personal li-erty save in accordance (ith la(9H This Article
corresponds (ith Article 65 of the Constitution of India and Article 56>5? of the
Constitution of %epal9
The very o-;ective of the provision is that no man >human -ein? can -e su-;ected to
any physical coercion that does not admit of leal ;ustification9 It means that no
mem-er of the E"ecutive are entitled to interfere (ith the li-erty of a citi0en unless
sIhe can support herIhis action -y some provision of la(9
558
Therefore/ (hen the State or any of its aents deprives an individual of hisIher
personal li-erty/ the la( should ;ustify such action and the procedures prescri-ed -y
such la( have to -e o-served Gstrictly and scrupulously9H
55<
507
>57C6? 8< D'+ >AD? 8659
550
#anladesh Constitution/ Art9 67>5? and 67>6?A Indian Constitution/ Art9 5B
and %epali Constitution/ Art9 56>6?>e?9
555
Art9 5B>5? : GThere shall -e equality of opportunity for all citi0ens in matters
relatin to employment or appointment to any office under the stateH9
556
An;ani Kant/ 'omen and the Law >%e( Delhi : A9*9$9 *u-lishin Corporation/ 577D?/
p9 5<69
558
#asu/ I-id9/ 50<9
55<
&am 1arain v. State of 2om(ay, >57@6? S9C9+9 B@69
<<
1ight to =rivacy
E"cept as provided -y the la(/ the riht to privacy of the person/ house/ property/
document/ correspondence/ or information of anyone is inviola-le9
55@
This relates to
Article <8 of the #anladesh Constitution and Article 65 of the Indian Constitution9
1ight to 4reedom
Articles 8B to <5 of the #anladesh Constitution provide for citi0en riht to freedoms
of movementA assem-ly/ associationA thouht and conscience/ and e"pressionA
profession or occupationA reliionA and property9 These articles provide that su-;ect to
any reasona-le restrictions imposed -y la(/ pu-lic order and morality in the pu-lic
interest or in the pu-lic order or *u-lic health or the State/ friendly relations (ith
forein States or in relation to contempt of court/ defamation or enticement to offense
as the case may the citi0en or people residin in #anladesh for the time -ein are
entitled to en;oy the rihts mentioned a-ove9
These rihts relate to Articles 56/ 5D and 57 of the Constitution of %epal9 These/
e"cept riht to reliion and riht to property corresponds to Article 57 of the
Constitution of India
1ight !gainst 3xploitation
As mentioned earlier Article 65 of the Constitution of India uarantees riht to life
and personal li-erty9 #ut G+iht to lifeH does not merely mean animal e"istence9 It
means some thin more/ e99 the riht to live (ith dinity9
55B
Thus/ rape is a crime
aainst -asic human rihts and is also violative of the victims riht to life uaranteed
in Art9 659
55D
Art9 68 of the Constitution has cateorically prohi-ited Gtraffic in human
-eins and -ein and other similar forms of forced la-ourSH Similarly/ Art9 6<
prohi-its employment of child >includin a female child? -elo( the ae of 5< years in
any factory or mine or in any other ha0ardous (or!s9
The Constitution of %epal also prohi-its GTraffic in human -eins/ slavery/ serfdom
or forced la-our in any formSH
55C
Any contravention of the provision shall -e
punisha-le -y la(9
2nhopefully/ the Constitution of #anladesh does not prohi-it Gtraffic in human
-einH directly9 #ut it prohi-its all forms of forced la-our
557
(hich is a ma;or
consequence of traffic!in9 #esides/ Art9 5C>6? of the Constitution provides for the
State for adoptin Geffective measure to prevent prostitutionH (hich is also a
consequence of traffic!in9
55@
The Constitution of %epal/ Art9 669
55B
Kant/ I-id9/ 5<<9
55D
2odhisattwa *autam v. Su(hra 3hakra(orty >1s? >577B? ISCC <70 ><77-@00?9
55C
Art9 609
557
Art9 8<9
<@
6omen"s Special 4undamental 1ights)
1ost of the fundamental rihts uaranteed in the Constitutions of #anladesh/ India
and %epal are -oth for men and (omen9 #ut there is some e"ception also9 Some
fundamental rihts are exclusively for (omen9 These rihts ive them >(omen?
equal status/ at least theoretically (ith men and empo(er the state to adopt la(s or
provisions in favour of (omen9 These fundamental rihts are e"clusively for (omen9
&'ual %ights (or Women
Article 6C>6? of the Constitution of #anladesh uarantees that (omen shall have
equal rihts (ith men in all spheres of the State and pu-lic life9 This provision in
favour of (omen ma!es an advance over the Constitutions of other South Asian
countries includin India/ %epal and *a!istan9 #ut this clause does not help her in all
spheres of life e"cept the spheres of the State and pu-lic life9 This Gequal rihtsH
provision is not applica-le to those rihts (hich are overned -y the personal la(s
>e99 in case of 1uslims -y Sharia?9
560
#ut human rihts activist e"plains it
neatively:
This limitation has -een implied from the inherently am-iuous nature of the equality
uarantee itself as in #anladesh (here it appears to -e qualified -y the pharse GState
and pu-lic life9H
565
*o1en are 9avoured : $a2 Ma/in 0o2er of the
State
The Constitutions of #anladesh/ India/ and %epal empo(er the State for ma!in
special provision>s? for the protection and the interests of (omen or in favour of
(omen9
566
The State is empo(ered -y these provisions for ma!in la(s to help the
(omenfol! in the competition (here they are in a (ea!er position9 Art9 5@>8? of the
Constitution of India reads : G%othin in this article shall prevent the State from
ma!in any special provision for (omen and children9H This provision is an
e"ception to the rule aainst discrimination provided in Arts9 5@>5? and 5@>6? of the
Constitution9
568
Art9 5@>8? of the Constitution of India permits the State to ma!e special provision for
(omen and children9 In fact/ ma!in a special provision is not the same as ta!in
decisions in favour of (omen9
56<
In this reard the Allaha-ad $ih Court o-serves
560
Salma Khan/ The Fifty Percent 8 'omen in +evelopment and Policy in 2angladesh >Dha!a : 2niversity *ress
'imited/ 57CC?/ p9 5@9
565
Sara $ossain/ GEquality in the $ome : &omen4s +ihts and *ersonal 'a(s in South Asia/H in 9uman &ights of
'omen 8 1ational and ,nternational Perspective, ed9 +e-ecca F9 Coo!/ 6
nd
ed9 >*hiladelphia : 2niversity of
*ennsylvania *ress/ 577@?/ <D< as quoted in Kha-ir 2ddin Ahmed/ G)undamental +ihts of &omen in
#anladesh Constitution and 1uslim 'a( : A Comparative Study/H 2npu-lished *h9D9 dissertation/ Institute of
#anladesh Studies/ +a;shahi 2niversity/ #anladesh/ 5777 : @B9
566
The Constitution of #anladesh/ Art9 6C><?A the Constitution of India/ Art9 5@>8? and the Constitution of %epal/
Art9 55>8?9
568
Art9 5@>5? reads : GThe State shall not discriminate aainst any citi0en on rounds only of reliion/ race/ caste/
se"/ place of -irth or any of them9H Art9 5@>6? reads : G%o citi0en shall on rounds only of reliion/ race/ caste/
se"/ place of -irth or any or them -e su-;ect to any disa-ility/ lia-ility/ restriction or condition (ith reard to >a?
access to shops/ pu-lic restaurants/ hotels and places of pu-lic entertainmentA or >-? the use of (ells/ tan!s/
-athin hats/ roads and places of pu-lic resort maintained (holly or partly out of state funds or dedicated to the
use of eneral pu-lic9H
56<
Ahmed/ I-id9/ p9 @D9
<B
that special provision for (omen as a class can -e made/ -ut not to -enefit an
individual (oman9
56@
In +attatraya )otiram v9 State of 2om(ay/
56B
Chief Fustice Chala o-serves that as a
result of the ;oint operation of Art9 5@>5? and Art9 5@>8? the State should discriminate
in favour of (omen aainst men/ -ut it could not discriminate in favour of men
aainst (omen9 This o-servation has also -een supported in Smt. 3hoki v9 State of
&a/ahthan
56D
9 This contraction of Art9 5@>5? and Art9 5@>8? (ould -e applied to
e"istin as (ell as future la(9
56C
In this reard Chief Fustice Chhala in +attatrayas
)otiram )ore v9 State of 2om(ay
$!
o-serves :
It is impossi-le to arue that the constitution did not permit la(s to have special
provision for (omen if the la(s (ere passed -efore the constitution come into force
-ut permitted the leislature to pass la(s in favour of (omen after the
commencement of the constitution9 If a la( discriminatin in favour of (omen is
opposed to the fundamental rihts of citi0ens/ there is no reason (hy such la( should
continue to remain in statute -oo! S #ut the e"ception made to Article 5@>5? -y
Article 5@>8? is an e"ception (hich applies -oth to e"istin la(s and to la(s (hich
the state ma!es in future9
This special treatment for the vulnera-le roup/ (omen and children is for the interest
of the society itself9
580
Accordinly/ in a case of conflict -et(een Art9 6D and 6C>8? of
the Constitution of #anladesh/ the latter (ill prevail9
585
The *enal Code also has special treatment in favour of (omen9 In this reard section
<7D of the #anladesh penal code dealin (ith the offence of adultery is mentiona-le9
The Section
586
reads :
&hoever has se"ual intercourse (ith a person (ho is and (hom he !no(s or has
reason to -elieve to -e the (ife of another man/ (ithout the consent or connivance of
that man/ such se"ual intercourse not amountin to the offence of rape is uilty of the
offence of adultery/ and shall -e punished (ith imprisonment of either description for
a term (hich may e"tend to five years/ or (ith fine/ or (ith -oth9 In such case the
(ife shall not -e punisha-le as an a-ettor9
588
The Section e"pressly e"cludes the (oman (ho equally participates in the crime from
participation in the crime form -ein punished as an a-ettor9 Only man is lia-le to -e
punished under the Section9 The constitutionality of the Section (as challened as
violative of Articles 5< and 5@ of the Constitution of India9
In this reard/ the ;udment of $on4-el Supreme Court of India in Yusuf A(dul A7i7 v9
State of 2om(ay
58<
is a landmar! in the history of the constitutional validity of the
penal provision>s? protectin (omen9 In the case a complain under section <7D (as
filed aainst the petitioner9 $e immediately applied to the $ih Court of #om-ay
56@
Savitri v. 6.6. 2ose/ AI+ 57D6 All9 80@9
56B
AI+ 57@8 #om9 p9 <C69
56D
AI+ 57@D +a;9 p9 509
56C
+9,9 Chaturvedi/ rev9/ 3haudhury and 3haturvedi:s Law of Fundamental &ights, 8
rd
ed9 >Allaha-ad :
'a( #oo! Company/ 57C@?/ p9 6CC9
567
AI+ 57@8 #om9 855 >85<?9
580
19.9 *ylee/ ,ndia:s 3onstitution >#om-ay : Asia *u-lishin $ouse/ 57B8?/ p9 CD9
585
1unim/ I-id9/ p9 6C09
586
The Section is also in the Indian *enal Code (ith the Same num-er9
588
The >#anladesh? *enal Code/ as modified up to 80 Septem-er/ 57759
58<
AI+ 57@< SC 8659
<D
>no( 1um-ai? to determine the constitutionality of the Section9 The $ih Court
upholds it as constitutional9 Then the petitioner filed an appeal -efore the Supreme
Court under Article 586>5? 58<>5? of Constitution9 Section <7D (as challened on the
round that it (as violative of Article 5< and 5@ of the Constitution of India/ (hich
uarantee a riht to equality9 The historic ;udement (as delivered -y a -ench
consistin of Chief Fustice 1aha;an/ Fustice #9#9 1u!er;ee/ Fustice S9 +9 Das/ Fustice
#ose and Fustice ,hulam $asan9 Deliverin the Fudement of the Court Fostice #ose
o-serves :
Article 5< is eneral and must -e read (ith the other provisions (hich setout the
am-it of fundamental rihts9 Se" is a sound classification and althouh there can -e
no discrimination in eneral on that round/ the Constitution itself provides for
special provisions in the case of (omen and children9 The t(o Articles read toether
validate the impuned clause in Section <7D of penal Code9
The validity of the Section (as also upheld -y the Supreme Court in Smt. Sowmithri
;ishnu v9 0nion of ,ndia9
58@
Chapter five
.. Low of !o"en under the +enal Code:
58@
>57C@? Cr9 '9 F9 5806 >SC?9
<C
&omen4s several rihts and protection of la( have -een esta-lished in the *enal Code
>Act no9 <@ of 5CB0? and ;urisdiction is iven to the criminal courts9 The follo(in
provisions are availa-le in the penal code for the protection of (omen:
Section 8BB- !idnappin/ a-ductin or inducin (oman to compel her
marriae/
Section 8D6 T sellin minor for the purpose of prostitution etc9
Section 8D6- -uyin minor for the purpose of prostitution etc9
Section 8D@- rape/
Section 8DB- punishment of rape >punishment of rape oes to %ari-O- Shishu
%ir;aton Daman Ain-6000?/
Section 856- causin miscarriae/
Section 858- causin miscarriae (ithout (omen4s consent/
Section 85<- death caused -y act done (ith intent to cause carriae/ if act done
(ithout (omen4s consent/
Section <78- coha-itation caused -y a man deceitfully inducin a -elief of la(ful
marriae/
Section <7<- marryin aain durin life time of hus-and and (ife/
Section <7@- some offence (ith concealment of favor marriae from person (ith
(hom su-sequent marriae is contracted/
Section <<B- marriae ceremony fraudulently one throuh (ithout la(ful marriae/
Section <7D- adultery/
Section <7C- enticin or ta!in a(ay or detainin (ith criminal intent a married
(oman/
Section @07- (ord/ esture or act intended to insult the modesty of a (oman9
These protection of (omen -y the penal code runs in corro-oration (ith Cr9*9C9
5C7C/ Evidence Act/ 5CD6 and some other criminal la(s9 In our social conte"t/ these
la(s do not run in its full rhythm9
Chapter si5
6. +rotection of wo"en by Special leislations and special
court or tribunal%
<7
Enhancement of the leal status of (omen and for the protection of (omen a series of
enactments (as made in the leal reimr of #anladesh9 &omen4s are deemed to -e
the -ac!(ard section of out country9 1any special la(s have -een passed and special
courts or tri-unals have -een esta-lished for th;e protection and development of
(omen9
)he 7a"ily Courts 8rdinance( 191. and fa"ily courts :Civil
Action)%
)amily courts/ (hich have -een esta-lished in the country more than t(enty years
ao/ need not -e made familiar once aain9 If you are not a la(yer you may not have
to learn the procedure of trial in the courts9 It may even not -e necessary for everyone
to !no( the ;urisdiction of the courts9 #ut you must !no( your rihts to -e e"ercised
throuh family courts9 $ence/ this (rite-up aims to ma!e you informed a-out your
dealins (ith a family court9
#y the )amily Courts Ordinance 57C@ the )amily Courts et hold of e"clusive
;urisdiction for e"peditious settlement and disposal of disputes only in suits relatin
to dissolution of marriae/ restitution of con;ual rihts/ do(er/ maintenance/
uardianship and custody of children9 The courts -ean (or!in all over the country
e"cept in the hill districts of +anamati/ #andar-an and Kharachhari9 Soon after the
court -ean functionin/ questions (ere raised a-out (hether the )amily Courts
(ould deal only (ith the family matters of 1uslim community or of all communities9
The uncertainty lasted for a lon time until in 577C a special $ih Court -ench of the
Supreme Court in a path findin ;udment removed all the questions reardin family
court=s ;urisdiction9 Every la(yer and ;ude dealin (ith )amily Courts are supposed
to -e a(are of the ;udment9 #ut the common people for (hose -enefit the courts
have -een constituted seem still uninformed a-out the reat decision relievin the
;ustice-see!ers in the )amily Courts of a harmin uncertainty9 Section @ of the
)amily Court Ordinance/ 57C@ spea!s a-out the ;urisdiction of the )amily Courts
(hich reads as: GSu-;ect to the provisions of the 1uslim )amily 'a(s
Ordinance/ 57B5 >.II of 57B5?/ a )amily Court shall have e"clusive
;urisdiction to entertain/ try and dispose of any suit relatin to/ or arisin
out of/ all or any of the follo(in matters/
namely:-
>a? dissolution of marriae
>-? restitution of con;ual rihts
>c? do(er
>d? maintenance
>e? uardianship and custody of children
Fust after comin into force/ the family court comes under confusion/ as mentioned
a-ove/ a-out its ;urisdiction that (hether a )amily Court is a court for 1uslim
Community only9 In 6rishnapada Talukder ;s *eetasree Talukder <= >!!=? 2L+
=@A the question (as (hether a (oman/ $indu -y faith/ could file a suit in a )amily
Court for maintenance aainst her hus-and9 The honoura-le ;ude of the $ih Court
Division held that GAs per the provisions of the present Ordinance/ all the sections of
@0
the 6D section statute have -een made availa-le for the litiants (ho are 1uslim -y
faith only9H
The said ;udment came on @th Fune 577</ and ;ust a fe( days later on 6@th Fuly
577< in 1irmal 6anti +as ;s Sreemati 2iva &ani <= >!!=? 2L+ >93+? =BA/ the
$ih Court Division e"pressed diametrically opposite vie(9 The learned ;ude of the
$ih Court Division referrin section 8 of the Ordinance held that the provisions of
)amily Courts Ordinance shall have effect not(ithstandin anythin contained in =any
other la(s= for the time -ein in force9 )rom the e"pression =other la(s=/ it appears
that the )amily Court Ordinance controls the 1uslim )amily 'a(s Ordinance/ 57B5/
and not vice versa9 Thus/ any person professin any faith has a riht to -rin a suit for
settlement and disposal of disputes relatin to dissolution of marriae/ restitution of
con;ual rihts/ do(er/ maintenance/ uardianship and custody of children9 And so/ a
$indu (ife is entitled to -rin a suit for maintenance aainst her hus-and in a )amily
Court9
In )eher 1igar ;s )d )u/i(ur &ahman P5< >577<? #'D >$CD? <BDQ the $ih Court
Division corro-orated the a-ovementioned vie( -y holdin that the 1uslim )amily
'a(s Ordinance 57B5 introduced some chanes in the orthodo" 1uslim personal
la(s relatin to polyamy/ UVtalaqUV and inheritance and in order to !eep those
reformative provisions of the Ordinance of 57B5 effective it has -een provided that
the provisions of 1uslim )amily 'a(s Ordinance of 57B5 shall not -e affected -y the
provisions of the )amily Courts Ordinance of 57C@A and section 68 of the )amily
Courts has specified the area not to -e affected9 It other(ise indicates that the
provisions of the )amily Courts Ordinance are applica-le to other communities (hich
constitute the populace of #anladesh9 )ollo(in such dissimilar vie(s and
decisions/ the confusion reardin ;urisdiction of the )amily Court (as natural9 And
such confusion continued until 577D (hen a larer -ench of the $ih Court Division
of the Supreme Court in its path-findin ;udment in Pochon &ikssi +as ;s 6huku
&ani +asi and others <@% >!!C? +L& >A+? ="A removed all the confusions9 The
special -ench of the $ih Court Division comprised of three Fudes upheld that Gthe
)amily Court Ordinance has not ta!en a(ay any personal riht of any litiant of any
faith9 It has ;ust provided the forum for the enforcement of some of the rihts as is
evident from section < of the Ordinance/ (hich provides that there shall -e as many
)amily Courts as there are Courts of Assistant Fude and the latter courts shall -e the
)amily Courts for the purpose of this Ordinance9
1oreover/ the court also declared that =)amily Courts Ordinance applies to all citi0ens
irrespective of reliion=9
It seems quite pertinent to refer some of the su-missions (hich the Court relied on9 It
(as su-mitted that:
If )amily Court Ordinance is intended to apply only to the 1uslim community then
there (as no reason for not providin it accordinly as has -een done in case of
1uslim )ilmily 'a(s Ordinance/ 57B59 The )amily Courts Ordinance should have
-een named as 1uslim )amily Courts Ordinance9 9999999in the )amily Courts
Ordinance there (as no e"clusive e"clusion of any community and unless there is
specific e"clusion the la( (ill have eneral application/ that is/ it (ill apply to the
citi0ens of all faiths9 99999 if sections 8/ @/ and 6< of the )amily Courts Ordinance are
read toether it (ill -e evident that uardianship and custody of children (ere made
e"clusively tria-le in the )amily Courts and unless the la( is applica-le to all ho( a
non-1uslim can et a relief in the said matters9 999999 @ matters enumerated in section @
@5
of the )amily Courts Ordinance are matters of personal la(s of the citi0ens of
different faiths (ho follo( different rules in matters enumerated in the section or do
not have any rule at all as in the case of Do(er and Dissolution of 1arriae in case of
$indus9 All citi0ens may not -e concerned in all matters -ut that cannot -e a round
to hold that the Ordinance applies only to the 1uslims9 999999)amily Courts Ordinance
has not encroached upon the personal la(s of the citi0en of any faith9 This Ordinance
provided that )amily Courts (ill have ;urisdiction to entertain and decide suits on the
matters enumerated in section @ su-;ect to the provisions of the 1uslim )amily 'a(s
Ordinance meanin there-y that (hile disposin of a matter amonst the 1uslim the
provisions of 1uslim )amily 'a(s Ordinance shall have to -e !ept in mind9 99999had
there -een no e"clusive ;urisdiction of )amily Courts there may -e complications in
cases filed -y hus-and and (ife professin different faiths9 9999not all the personal
la(s of the 1uslim have -een included in section @9 Some provisions of 1uslim
personal la(s such as &aqf/ ,ift/ parentae etc9 have -een !ept out of the provisions
of the )amily Courts Ordinance9 So it cannot -e said that this is only for the 1uslim9
Accordinly/ there should not remain any confusion reardin the ;urisdictions of the
)amily Courts9 $enceforth/ it seems needless to mention that a )amily Court can try
suits under The 9indu )arried 'omenDs &ight to Separate &esidence and
)aintenance Act !=E/ the la( that has iven a riht to the $indu (ives to live in
separate houses and to et the maintenance/ -ut has not provided any forum to o to
enforce the rihts9
Another matter needs to -e clarified that the )amily Courts Ordinance does not
e"tend to the hill districts of +anamati/ #andar-an and Kharachhari9 The fact is
that initially the hill districts used to -e overned -y $ill Districts +eulation of 5700
and it (as repealed in 57C8 -ut as no ne( la( has -een introduced for administerin
the area/ as per provisions of ,eneral Clauses Act/ the repealed la( is still in force
and the $ill Districts +eulation is still continuin/ resultin in e"clusion of )amily
Courts there9 This does not mean that tri-al people cannot ta!e recourse to a )amily
Court9 The suits amon a-oriinal or adivasi or tri-al people can -e tried -y a )amily
Court if they reside (ithin the local limits/ that is/ territorial ;urisdiction of the )amily
Court9
Special Criminal 'a(s and Criminal Courts >Criminal Action?:
'a(s are made (ith the intention to reduce crime aainst (omen9 This vie( has
-een endorsed in the ;udment of Fustice #adrul $aque in the case of Amin vs9
#anladesh9 The honoura-le ;ude o-served/ FA woman who has (een raped
undergoes two crisis, one the rape and the other the su(se-uent investigation and
trial. A victim of a se4 crime has to undergo certain tri(ulations. These (egin with
treatment (y the police and continue through a male dominated criminal /usticeG9 In
#anladesh @0W of all murders are of (omen -y their partners/ BCW never told
anyone a-out -ein -eatenN 1any (omen do not report it9 The lac! of proper
reportin is not only -ecause of the inadequacy of overnment officials -ut also
-ecause (omen themselves are reluctant to report crimes aainst them for fear of
repeated violence/ honour or loss of face of their families and for the fear that they
(ill -e turned out of their matrimonial home9 $o(ever/ (hen a (ife decides to see! a
divorce/ she often reports such violence9
A recent research -y Dr9 %usrat Ameen stated that the official statistics do not ive us
a full picture of the incidence of violence aainst (omen9 This vacuum can only -e
filled -y further research on the issue9
@6
The Cruelty to &omen >Deterrent *unishment? Ordinance of 57CN (as replaced -y
the +epression aainst &omen and Children >special enactment?/ Act "viii of 577@9
This Act has provided death penalty for ten crimes aainst (omen and children
>under sections </ @>-?/ @>d?/ B>5?-><?/ D/ 50>5? and 56?9 The crimes affectin (omen
and children include causin death -y corrosive su-stance/ causin permanent
damae of the -ody -y corrosive su-stance/ for rape/ for rape (ith murder/ for rape
(ith attempt to murder/ for roup rape/ for roup rape (ith murder/ for do(ry death
and for traffic!in of children9
The +epression of &omen and Children >special enactment?/ Act "viii of 577@ has
-een amended-y the Act in 60089 The ne( Act made chanes mainly (ith the
intention to minimise the hue num-er of pendin cases and to e"pedite disposal of
cases (ithout inordinate delay9 A limit of 560 days (as provided in the Act of 577@
this limit (as e"tended up to 5C0 days for ivin enouh time for trial of cases under
the Act of 60009
#road outlines of the sections of the amended Act of 6008 -elo( (ill hihliht the
Criminal *rocedure for crime aainst (omen: %ari O Shishu Domon Ain of 6008/
Section -5C: Investiation of an Offence:
59Irrespective of any la( in the Criminal *rocedure Code investiation of any offence
under this Act
a9 (hen the accused person is cauht red handed -y the police or -y any other person
and has deposited him to the police/ the investiation must -e finished (ithin 5@
(or!in days from the date (hen the accused (as cauht9
-9 (hen the accused person is not cauht red handed/ his investiation (ill -e
completed (ithin B0 (or!in days from the )irst Information +eport >)I+? or
other(ise -y the related officer or any other Officer (ith the po(er or from the date
of the order iven -y the Tri-unal9
69If the investiation is not completed (ithin the time fi"ed -y su--section >5?/ the
Investiation Officer (ill complete the investiation -y additional 80 days -y
su-mittin the cause of delay -y (ritin/ and ive a reasonin for the cause to his
Controllin Officer -y (ritin or other(ise/ the (ritten report has to -e su-mitted to
the Tri-unal (hich ave the order9
89If the investiation is not completed (ithin the time fi"ed -y su--section >6?/ the
investiation officer (ill complete the investiation (ithin 6< hours statin the reason
for delay to the Controllin Officer or/ the (ritten report statin the reason for delay
have to -e su-mitted to the Tri-unal (hich ave the order9
After the ac!no(ledment that the report (as not completed under Su--section >8?/
the Controllin Officer or the Tri-unal (hich ave the order/ can handover the
investiation to another Investiatin Officer and in this (ay (hen the investiation
is transferred to the Investiation Officer-&hen the accused person is cauht -red
handed -y the police or -y any other person and has deposited him to the police the
investiation must finish (ithin D (or!in days from the date (hen the accused (as
cauht or in other cases he must complete the investiation (ithin 80 (or!in days9
@9If the investiation is not completed (ithin the time fi"ed -y su--section ><?/ the
investiation officer (ill state the reasons for delay to the Controllin Officer or/ ive
a (ritten statement statin the reason for delay (hich has to -e su-mitted to the
Tri-unal (hich ave the order (ithin 6< hours9
B9If the investiation is not completed (ithin the time limit then after verifyin the
(ritten report -of the Investiation Officer/ the Controllin Officer or other(ise the
Tri-unal/ (hich ordered the investiation/ has to decide (hether the Investiatin
Officer is responsi-le for not ivin the report of investiation (ithin the time limit/
@8
then it (ill -e notified that the responsi-le person is an unqualified and had done
misconduct and this un-qualification and misconduct (ill -e (ritten in his yearly
confidential report and in a particular case he (ill -e accused as per service rules9
D9If the Tri-unal is satisfied after verifyin the investiation report that the person
(ho is rearded as accused is required to -e ta!en as (itness/ the Tri-unal can order
the person to -e a (itness instead of accused9 C9After concludin the evidence of the
(itnesses/ if the Tri-unal finds that the Investiation Officer under this Act/ in the
investiation report is tryin to save the accused person or (ithout e"aminin a
valua-le (itness or falsely findin no proof to determine the crime the accused
person is made (itness instead of accused then the aforesaid Investiation Officer
(ill -e chared for his act or (ill -e rearded as an unqualified person doin
misconduct and (ill -e chared for this un-qualification and misconduct -y the
Tri-unal -y ivin order to the Controllin Officer of that Investiatin Officer to
ta!e leal action aainst him9 79The Tri-unal can chane the Investiation Officer and
order the Controllin Officer to appoint another Investiation Officer (hen any
petition is iven to the Tri-unal or on the -asis of any information9
%ari O Shishu Domon Ain of 6008/ Section -609 The procedures of the Trial:9All
offences under this Act (ill -e tried -y the Tri-unal of %ari O Shishu %ir;atan
Domon Ain under section 6@9 &hen a case is started in the Tri-unal it (ill continue
continuously in every (or!in day until the trial is completed9 The Tri-unal must
finish the procedure of trial -y 5C0 days from the date of su-mission to it9 If the trial
is not done -y that time limit/ then the Tri-unal can -ail the accused person and if the
accused person is not iven -ail then the cause of not ivin -ail have to -e (ritten
do(n -y the Tri-unal9
!o"en and Children 3ir;atan *o"on )ribunal%4
592nder this Act for the trial of offences there (ill -e a Tri-unal in each district and if
needed/ the ,overnment can ma!e more than one Tri-unalsA these Tri-unals shall -e
!no(n as the %ari O Shishu %ir;atan Domon Tri-unal9
69There (ill -e a ;ude in the Tri-unal and the ,overnment (ill appoint the a-ove
;ude of the Tri-unal from the District and Sessions ;udes of the ,overnment9
89The ,overnment if required (ill appoint any District and Sessions Fude as
additional Fude of the said Tri-unals9
<9In this Act/ District Fude and Sessions Fude (ill -e named as Additional District
Fude and Additional Sessions Fude9
%ari O Shishu Domon Ain of 6008/ Section 6C Appeal: #y ta!in order from the
Tri-unal/ the accused party can appeal to the $ih Court Division (ithin B0 days of
the ;udment or detention9 Durin investiation of the case/ if the Tri-unal is of the
opinion that any (oman or child needs to -e !ept in safe custody/ it may order that
such (oman or child -e ta!en out of the prison and !ept in safe custody home
desinated -y the overnment or in consideration -y the Tri-unal -e handed over to
any oranisation or person in this reard under section 85 of the Act of 60009 )or
privacy of the victims section 5< provides a restriction on the media from identifyin
the (oman and child victims of violence9 It provides a punishment of ma"imum t(o
years and one la!h ta!a or -oth for non-compliance of the section9 This provision is
needed for the protection of the victim from the clutches of the violators and aain if
it is not pu-licised the case is sometimes not accounted for9
@<
*ifferent <inds of violence and the law
Offences aainst (omen have ta!en modern aravated forms/ (hich (ere more or
less a-sent in the past/ as for e"ample acid thro(in or murder for do(ry9 Crimes
aainst (omen have risen after independence9 The causes for the increase are similar
to the increase of do(ryA in many cases/ do(ry itself is the cause9 &omen in
#anladesh are facin not only aravated forms of conventional crimes -ut also ne(
types of crimes9
*owry% The do(ry system is not reconised in the reliion or the la( of the 1uslim
societies -ut has spread into it9 Conversely/ Islamic la( provides do(er to enhance
the status of (omen9 &hy should 1uslim (omen/ (ho are supposed to -e protected
-y do(er/ -ecome victims of do(ryN &hile recent scholars have admitted the fact
that do(ry has spread to the 1uslim communities/ they have larely inored the
position of 1uslim (omen (ithin this discourse9
Do(ry deaths are a common phenomenon in South Asia9 These deaths of (omen are
usually caused -y the same persons (ho are leally and socially en;oined to protect
them/ i9e9 their hus-and or in-la(s9
The Do(ry *rohi-ition Act of 57C0 prohi-its the ta!in or ivin of do(ry9 The
+epression Aainst &omen and Children *revention Act of 6000 Defines Do(ry as:
1oney/ oods or other property iven or promised directly or indirectly -y the -rides
side to the room or his father/ mother or any other person from the -riderooms side
at the time of marriae as consideration or condition of the marriae and any such
money/ oods or property demanded from the -ride or the -ride=s side -y the room/
his father or mother or any person from the room=s side PSection 6>;?Q 9
)he Repression of !o"en and Children +revention Act of 2=== Section 11
States%
If any (oman=s hus-and or hus-and=s father/ mother/ uardian/ relation or any person
actin for the hus-and/ causes the death of that (oman for do(ry or attempts to cause
@@
death or in;ures such (oman for do(ry or attempts to cause such in;ury the hus-and
or hus-and=s father/ uardian/ relation or any person shall:
a9)or causin death -e punisha-le -y death penalty or for attempt to cause death -y
life imprisonment and in -oth cases shall -e lia-le to pay additional fine:
-9)or causin in;ury shall -e punisha-le -y riorous life imprisonment or for attempt
to cause in;ury -e punisha-le -y riorous imprisonment up to the term of ma"imum
fourteen years -ut not less that five years and In -oth cases -e lia-le to additional
fine9
58B
Rape>Se5ual Assault% +ape is pro-a-ly one of the most common forms of violence
aainst (omen in #anladesh to date9 2sually money and muscle are the reasons (hy
the crime oes unpunished9
In most of the investiations conducted -y Odhi!ar/ the victim=s family (as too poor
and inorant of the la( to see! leal recourse9 In one case/ the victim=s father/ a
ric!sha( puller/ told Odhi!ar that he did not !no( the la(yer=s name/ -ut !ne( (hat
he loo!ed li!e9 In another case/ the la(yer has -een demandin payments for every
court appearance (hile as!in the court for more time9 +ape in #anladesh is a
punisha-le offence9 As Section 8DB of the *enal Code states: G&hoever commits rape
shall -e punished (ith imprisonment for life or (ith imprisonment of either
description for a term (hich may e"tend to ten years/ and shall also -e lia-le to fine/
unless the (oman raped is o(n (ife is not under t(elve years of ae in (hich case he
shall -e punished (ith imprisonment for life or (ith imprisonment of either
descriptions for a term (hich may e"tend to ten years/ and shall also -e lia-le to
fineSH +ape is also committed -y la( enforcement officials9 All these cases are not
reported due to intimidation -y the perpetrators and also due to the fear of social
stima9 Of all the cases of rape in police custody -rouht to liht so far/ very fe( of
the offenders have -een held accounta-le9 One reason for this could -e the fact that
mem-ers of the police carry out investiations reardin crimes alleedly committed
-y their o(n colleaues9 Thirteen (omen (ere raped -y mem-ers of the la(
enforcement aencies in the year 6000/ the younest -ein a irl of si" (ho (as
raped -y a police consta-le in *anchaar9
&omen and Children +epression *revention Act of 6000 deal (ith the offence of rape
and provides severe penalties9 Section 7 deals (ith punishment for rape/ an rape as
(ell as in;ury or death caused as a result of rape9 )or the offence of rape/ the
perpetrator (ill -e sentenced to riorous life imprisonment (ith additional fine9 )or
death caused -y rape or incidental to rape/ the accused may -e sentenced to death or
riorous imprisonment and (ill -e required to pay fine up to the limit of ta!a one
la!h9 In the case of death or in;ury caused as a consequence of an rape/ each of the
perpetrators (ill -e sentenced to death or riorous imprisonment (ith the requirement
of additional fine up to the limit of ta!a one la!h9 In the case of attempt to cause
in;ury or death after rape/ the accused (ill -e punished (ith the sentence of life
imprisonment (ith fine9 )or attempt to rape/ the penalty fi"ed -y the Act is riorous
imprisonment or seven to ten years (ith additional fine9
58B
+rofessor *r. )asli"a $onsoor( Fustice delayed is ;ustice denied / &omen and violence in #anladesh
@B
On Fune 5Bth/ 6008/ an amendment -ill of the &omen and Children +epression
*revention Act/ 6000 (as placed in *arliament to clarify definitions of certain
offences and reducin punishment to stop the a-use of la(9 The -ill (as passed -y the
*arliament on 58th Fuly/ 60089 2nder the ne( Act/ the definition of a child has -een
raised from 5< years to 5B years9 1oreover/ (here a (oman commits suicide for fear
of losin her chastity due to the (ilful act of a person/ then that person (ill -e
accused as a provocateur and (ill -e punished for the offence (ith imprisonment of
five to ten years9
1ost remar!a-le amendment is reardin the destiny of a child -orn out of rape9
2nder the amendment/ a child -orn out of rape (ill -e !ept under the care of the
mother and (ill -e !no(n after hisIher mother or father or -oth9 #eside the State (ill
-e responsi-le for the child until sIhe attains the ae of 65 years and/ in case of a irl/
until she ets married9 The State (ill realise the money for -rinin up the child from
the rapist9 The Act provided that the opinion of the rape victim has to -e ta!en if the
need for camera trial arises or if the victim has to -e ta!en under safe custody9
Section 58 States: Irrespective of anythin contained in any other act/ if any child is
-orn as consequence of rape-
a9 The rapist (ill -e responsi-le for the maintenance of the child
-9 After the -irth of the child/ the tri-unal shall determine (ho (ill -e the custodian
of the child and the amount to -e paid -y the rapist to such custodian for the purpose
of maintenance of the child9
c9 2nless such child is disa-led such sum shall -e paya-le in case of a son until the
ae of 65 years and in the case of a dauhter until her marriae and in case of a
disa-led child until such child -ecomes capa-le of maintainin himself or herself9
Section 8DB of the *enal Code mandates t(o years imprisonment/ or fine/ or -oth/ for
the rape of a (oman -y her hus-and9 Section 8<6/ ho(ever/ requires that a (oman
undero a medical e"amination immediately after rape/ (hich in practice minimi0es
the possi-ility of a conviction -ein made9
The &omen and Children +epression *revention Act of 6008 >%ari O Shishu %ir;atan
Domon Ain of 6008? The Act uses and defines the terms se"ual a-use and se"ual
harassment for the first time9 Section 50 states that if any male/ in order to satisfy his
carnal desires/ touches the se"ual or any other orans of any (oman or child (ith any
oran of his -ody or (ith any other o-;ect/ his action (ill amount to se"ual a-use or
a-uses the modesty of any (oman or ma!es any indecent esture/ his act shall -e
deemed to -e se"ual harassment and for this such male (ill -e punished -y riorous
imprisonment for a term (hich may e"tend up to ten years -ut shall not -e less than
three years and shall additionally also -e lia-le to fine9
Confusion may -e created in cases (here the same offence is dealt (ith in several
e"istin la(s9 Acid crimes come under the Acid Crimes *revention Act 6006/ -ut the
provisions of the *enal Code 5CB0 as (ell as the &oman and Child +epression
*revention Act of 6000 reardin the same offence has not -een omitted and this may
create confusion as to (hich Court or Tri-unal or (hich la( the case should -e
instituted under9 Even thouh as special la( these ta!e priority/ and the la(s
themselves state this/ the confusion persists and ouht to have -een clarified9 The
same pro-lem may arise in the case of rape (hich is covered -y -oth the Code and
the Act of 60009
@D
Acid ?iolence and the Acid Crimes *revention Tri-unal% In #anladesh acid
violence is a dreadful and vindictive form of crime (hich is committed mostly
aainst (omen9 It is a ma;or su-;ect of national concern and is -ein reported
frequently -y media throuhout the year9 Acid violence is a terror (hich must not -e
adhered in any civilised society9 #efore independence acid violence (as almost
un!no(n in #anladesh9 Section < of the Acid Crime Act/ 6006 prescri-es death
penalty or riorous imprisonment for life includin fine ta!a not more than one la!h
if any -ody causes death or ma!es an attempt to cause death to any child or (oman
-y usin any -urnin su-stance/ e99/ acid9 import/ production/ storae/ sale or usae
of acid (ithout a license is a punisha-le offence9 #ut the mechanisms prevalent to
reulate importation/ preparation and sale of the acid used in these attac!s are
inadequate9 $o(ever/ the Acid control Act/ 6006/ provides for the formation of a
national council to control the sellin use/ production/ import/ transportation and
storin of acid9
The Acid Crimes *revention Act 6006 contains provisions reardin trial procedures/
investiation of offences and nelience of investiatin officers/ medical
e"amination and so forth9 The Acid Crimes *revention Act 6006 sets up an Acid
Crimes *revention Tri-unal and all offences under the Act are to -e tried -y this
Tri-unal9 Appeals aainst any order/ ;udment or punishment imposed -y the
Tri-unal must -e made to the $ih Court (ithin B0 days9 Section 6C also contains the
provision for safe custody for any person durin the continuance of the trial and
specifies that such custody shall -e outside the prison and -y order of the Tri-unal9
$ulti4Sectoral +rora""e on ?iolence Aainst !o"en%
There is a multi-sectoral pro;ect on violence aainst (omen (hich includes five
ministries includin the &omen and Children Affairs >1O&CA? (hich (or!s (ith
the o-;ective to eradicate or at -est reduce crime aainst (omen9 The ma;or activities
include the esta-lishment of si" One Stop Crisis Centers >OCC? for victims of
violence that (ill provide medical/ leal and social servicesA upradin of forensic
facilities (ith D%A profilinA information campainsA trainin plans for police/
la(yers/ ;udiciary and medical personnel9
The O-;ectives of this proramme are: improved pu-lic services such as health/
police assistance/ criminal ;ustice and social services >counsellin/ reha-ilitation? for
the (omen victims of violence/ increased pu-lic a(areness on all forms of .A&/ etc9
Activity OCC-#%&'A ;oint leal support proram: This is a flo( description ho(
#%&'A (or!s at the activity level under the OCC proram9 The activities of the
#%&'A 'a(yers can -e cateorised as follo(s: Once a patient et admitted under
the OCC centre the la(yers of #%&'A ta!e the history of the survivors and the
incident/ (hich are -ein reistered instantly9 Consultin (ith the duty doctor a-out
the severity of the incident and in;ury the respective la(yers tal! to the police officer
in duty9 On the -asis of the information collected from the responsi-le officials the
'a(yers decide to file a ,D or )I+ (ith the consent of the survivors9 This the
la(yers (ent for a leal counsellin to let the survivors understand that she may et
leal support9
Ensurin leal support: After filin the case the la(yer collect a copy of the )I+ and
;okalatnama havin sin from the survivors and in the office they have to prepare the
order sheet and enter into the reister9 If the ;udment comes aainst the Survivors/
@C
then accordin to the process the la(yers appeal aainst the ;udment to $iher
Court9
.iolence aonist (omen is increasin and indicates enerally that the amount of
different crimes aainst (omen is so hih that the time has come to introduce
measures to eradicate them9 Clearly/ the need of the hour is to protect (omen from
violence throuh the la(9 The (hole issue of violence aainst (omen did not pro;ect
the fla(s in the criminal ;ustice system or (hat else (e require/ to ma!e the system
effective ivin proper ;ustice to (omen as ;ustice delayed is ;ustice denied9
)he Convention on /li"ination of All for"s of *iscri"ination Aainst !o"en
:C/*A!)% The stronest instruments of chane in society are the la(s that it is
overned -y9 There are e"istin la(s in the country/ (hich uarantee many rihts for
(omen9 #ut many of them are archaic and need immediate reform or amendment9
Discriminatory la(s need to -e a-olished and replaced (ith more proressive ones9
%e( la(s have to -e formulated to reflect #anladesh=s concurrence (ith
international la(s such as the 2niversal Declaration of +ihts and CEDA&9 &hile
reliion and culture have to -e respected/ violations of -asic human rihts in the name
of reliion or tradition must -e cateorically condemned and shunned -y the la(s of
the land9 1ost importantly la(s that overn -oth pu-lic and personal spheres must -e
compati-le to the Constitutional la(s and -e equally applica-le to all citi0ens
irrespective of se"/ reliion or the community they -elon to9
The Convention on Elimination of All forms of Discrimination Aainst &omen
>CEDA&? (as adopted on Decem-er 57/ 57D7 and came into force as a treaty on
Septem-er 8/ 57C5 follo(in its ratification -y t(enty countries9 +atification
o-liates overnments to pursue a policy of eliminatin discrimination aainst
(omen and to report on proress in that effort to the 2% Committee on the
Elimination of Discrimination9 Article 5 of the Convention defines discrimination as:
=Any distinction/ e"clusion or restriction made on the -asis of se"/ (hich has the
effect or purpose of impairin or nullifyin the reconition/ en;oyment or e"ercise -y
(omen/ irrespective of their marital status/ on the -asis of equality of men and
(omen/ of human rihts and fundamental freedoms in the political/ economic/ social/
cultural/ civil or any other field9=
2nder Article 6/ states are required to domestically enforce CEDA&/ adopt
appropriate leislation and other measures to prohi-it all discrimination aainst
(omen/ modify or a-olish e"istin la(s/ reulations/ customs and practices (hich
constitute such discrimination9
Other articles of the Convention deal (ith many of the pressin issues that concern
(omen such as (omen=s riht to determine their o(n and their children=s nationality
and removal of discrimination in education/ employment/ healthcare/ social and
economic -enefits9
*art I. of CEDA& calls for equality -efore the la( and equality (ithin marriae and
family la(9 Articles under this component for e"ample uarantees the same leal
capacity as men to contract/ administer property/ appear in courts or -efore tri-unalsA
@7
freedom of movement the riht to choose (here they (ill liveA equal rihts and
responsi-ilities of (omen (ith men in marriaeA the riht to choose (hen they (ill
have children/ to choose their family name or occupationA and equal rihts and
responsi-ilities reardin o(nership/ manaement and disposition of property9
The ood ne(s is that more than half of the (orld community has ratified CEDA&9
The -ad ne(s is that a lare num-er of countries-- 5BC states--have su-mitted
reservations9 Seventeen of these countries have a ma;ority 1uslim population and
includes #anladesh9
#anladesh continues to maintain reservations Articles 6 and 58>a?9 In Septem-er
6000/ #anladesh -ecame the first country to ratify the Optional *rotocol to CEDA&
(hich ensures the implementation of the tools to eradicate discrimination9
1aintainin such reservation to the very plede to eradicate such discrimination is
therefore contradictory and ma!es the sincerity of the state to remove ender
discrimination/ questiona-le9
Chapter seven
0. !o"en@s status on social conte5t%
The am-iuity surroundin the question of violence aainst (omen in #anladeshi
society on the one hand/ violence is held in repunance and may provo!e outrae9 )or
e"ample/ a man (ho sprayed acid on and !illed his ne( (ife/ on rounds of her
inadequate do(ry/ (as hac!ed to death -y villaers in %orthern #anladesh
58D
9 On the
other hand/ violence aainst (omen is accepted/ tolerated and 9in certain prescri-ed
forms and iven conte"ts9 it is leitimated9 ,ender inequality/ leadin to ender
violence/ is deeply em-edded in the #anladeshi social structureA all #anladeshi
social institutions permit/ even encourae the demonstration of unequal po(er
relations -et(een the se"es
58C
9 The leitimatin of male violence/ especially -atterin/
allo(s it to -e seen >-y (omen as (ell as men?/ as a deserved response to female
transression of male demands or controls9 Thus/ (omen feel shame and uilt - as
(ell as aner in some cases - (hich militates aainst the reportin of -atterin9
58D
+euter %e(s(ire/ C9B95776
58C
A!anda/and Fahan/ 57C8/ !o"en for !o"en% Collected Articles/
&omen
for &omen/ Dha!a9 pae: 6009
B0
1urder/ acid thro(in and a-duction may suffer less from stima in reportin9 Other
factors contri-utin to the under-reportin of violence aainst (omen include: the
lac! of a(areness amon (omen of their leal rihtsA the perception that their cases
(ill -e treated (ith derision andIor inored -y the policeA and the fear that ma!in
chares (ill compound pro-lems (ith their hus-and and his !in9 +ape pro-a-ly
evo!es the reatest feelins of shame amon (omen/ and thus is most li!ely to -e
under-reported9 %evertheless/ Fahan
587
suests that the rise in reported crime aainst
(omen in #anladesh may reflect a rise in the reportin of rape/ -ut also an increase
in the incidence of assaults on (omen and in the proportion of female victims of
violent crimes9 She notes that in 57C0/ 569< percent of the victims of all reported
violent crime (ere female/ (hereas -y 57C</ the proportion had risen to 869D percent9
A rise in the availa-ility of (eapons such as uns and acid/ and also the increased
portrayal of violence in the mass media in imported films/ as factors (hich may -e
associated (ith the rise in violent crimes/ includin those aainst (omen9
Avoidance of (omen4s rihts is the continuous practice9 It is a social sic!ness9 Our
social system is not uncouraeous/ society discouraed (omen4s to esta-lish their
rihts9 The state enacts eneral and special leislations and has enforcement
mechanism to protect (omen4s rihts -ut in different (ays these are inorin/ and the
protective measures fails its oal9 &e have to come out from this concept9
Chapter eiht
1. Reco""endations%
There is a ood amount of leislations in our country concernin (omen9 crisis of
la(s and dra(-ac!s also availa-le in la( for the (omen9 Our social thin!in and
concept also discouraeous and neative9 Some cases (omen are iven more rihts
than male9
'eal status of (omen indicate to (hat e"tent (omen en;oy equality in the socio-
economic and political spheres of the country9 'a(s protectin (omen=s rihts
provide the essential frame(or! for formal equality to -e transformed into reality9
They also provide leal protection to (omen=s rihts -y critically intervenin in
health/ education and employment sectors to9
The constitution of the *eople=s +epu-lic of #anladesh is the ultimate source of the
fundamental rihts en;oyed -y men and (omen9 $o(ever/ the day to day life of the
people is overned -y t(o sets of la(s: civil and personal9 The civil la(s cover the
rihts of (omen under the constitutionA the personal la(s cover the family life9
587
A!anda/ and Fahan/ 57C8/ !o"en for !o"en% Collected Articles/
&omen for &omen/ Dha!a9pae:6089
B5
An analysis of the relevant te"t of the constitution sho(s that the uarantees of equal
rihts -et(een men and (omen do not e"tend to the private sector >i9e9/ the
inheritance of parental property and matters concernin the family?9 In ratifyin the
2%CEDA&/ the overnment had reservation reardin the provisions related to equal
rihts (ithin the family9 This is a sharp departure from the commitment made -y the
overnment to esta-lish ender equality9 The civil la(s are supposed to maintain non-
discrimination -et(een men and (omen9 #ut some of these la(s are openly
discriminatory aainst (omen9 The Citi0enship Act of 57@5 is an e"ample of such
discrimination9 This act encroaches upon a (oman=s riht to en;oy the same leal
status as that of a man9
The criminal la(s are not -ased on reliious la(s9 Still these la(s fail to maintain
non-discrimination -et(een men and (omen in some cases9 2nder the e"istin
criminal la(s/ rape is defined as an act of se"ual violence/ -ut provin chares of
rape has -een made very difficult for a (oman as the rules of evidence require that
the victim has to medically prove the act as (ell as her lac! of consent9 The victim
and the accused have -een put on the same footin as the la( requires that the
victim=s testimony must -e corro-orated9
The constitution uarantees non-discrimination and full application of the e"istin
la-or la(s in the industrial sector9 &omen (or!ers hardly et any protection from
these la(s9 &idespread disreard of the e"istin la-our leislation is a rule rather than
an e"ception9 E"istin practices in industrial (or!places ena-le the manaement to
-ypass its statutory o-liations9 *referential recruitment of unmarried (omen and
e"tendin the period of pro-ation of (or!ers -eyond the statutory period deprives
many female (or!ers of their leitimateIleal rihts9
Despite a rapid increase in the num-er of (omen (or!ers in the informal sector/ their
rihts are not protected -y la(9
A (ide ap e"ists -et(een the rihts and status of (omen uaranteed -y the
Constitution and those imposed on her -y social norms and practices reflected in
personal la(s9 The family la(s are -ased on personal la(s of the respective reliious
community into (hich a person is -orn9 Thus/ civil la(s and personal la(s co-e"ist
perpetuatin male-female disparities (ith reard to marriae/ divorce/ uardianship/
custody of children and inheritance9
2nder the 1uslim la(/ marriae is a contract -et(een t(o individuals and to ma!e it
valid the consent of -oth partners in the presence of t(o (itnesses is essential9 &ith
reard to child marriae/ the la( states that should a irl -e married off -y her parents
durin infancy/ the marriae must -e endorsed or dissolved -y the irl on her
attainin pu-erty9 In a -id to restraint child marriae/ the Child 1arriae +estraint
Act 5767 >amended in 57C<? raised the minimum ae of marriae for -oth (omen
and men9 The 57C< amendment fi"ed the minimum ae at 5C for (omen and 65 years
for men9 #ut (idespread contravention=s of this la( proves that its enforcement is
very (ea!/ and there is hardly any prosecution for any -reach of this la(9 Althouh/
the la( provides for punishment in cases of contravention/ the act has no provision to
ma!e such marriaes invalid9 'imited polyamy is permitted in Islam (here -y a
man is allo(ed to marry upto four (ives at a time on condition that: >a? the hus-and
has the means to maintain the (ives accordin to their statusA and >-? all the (ives -e
B6
iven equal share of his love and affection and -e treated -y him (ith complete
equality9 #ut in the a-sence of any mechanism to enforce these directives/ the senior
(ives enerally -ecome victims of the hus-and=s cruelty and nelect9
In an attempt to provide protection to these (ives/ the )amily Ordinance 57B5 for-ids
a man to contract a marriae durin the su-sistence of an e"istin marriae (ithout
the prior permission in (ritin of the Ar-itration Council and the (ifeI(ives9 The
punishment consists in the immediate payment of the entire dower or mahr >a fi"ed
sum of money areed to -e paid -y the hus-and to the (ife?9 Prompt dower is
immediately paya-le on demand to the (ife and deferred dower is paya-le on
dissolution of marriae9 The punishment also includes imprisonment upto one year or
a fine of T! @000900 or -oth9 $o(ever/ the ordinance has no provision to ma!e the
su-sequent marriae illeal9 2nder the 1uslim la(/ divorce can -e attained in any of
the follo(in (ays: >a? mutual consent of the hus-and and the (ife (ithout court
interventionA >-? a ;udicial decree on request of the (ife on one or more rounds
specified in the Dissolution of 1uslim 1arriae Act 5787 and the 1uslim )amily
'a(=s Ordinance 57B5A and >c? divorce -y the hus-and at (ill (ithout assinin any
reason9
$o(ever/ the riht of talak >divorce?/ (here a marriae is irrevoca-ly and
immediately dissolved -y simply pronouncin the intention in front of (itnesses/ has
-een modified -y the 1uslim )amily 'a(s Ordinance/ 57B59 2nder the procedure to
-e follo(ed/ talak does not -ecome effective immediately9 A period of 70 days (ould
have to intervene -et(een the date of servin the notice to the 2nion *arishad
chairman >the lo(est tier of the local overnment system in #anladesh? and the date
(hen the divorce -ecomes effective9
The riht to divorce at (ill is not en;oyed -y a 1uslim (ife unless her hus-and
confers this riht on her in the marriae deed >ka(in? reistered -y the 1uslim
1arriae +eistrar9 $o(ever/ she can o-tain a divorce throuh a court decree/ (hich
is an uncertain/ lenthy and costly process involvin complicated procedure9 Despite
the leal reforms/ ender discrimination still persists in the sphere of marriae and
divorce9
2nder the 1uslim la(/ the (ife inherits a fi"ed share of one-eihth of the deceased
hus-and=s estate if he leaves -ehind anatic descendants9 If he does not leave -ehind
any anatic descendants/ then the (ife inherits a quarter of the hus-and=s estate9
A dauhter/ (ho is an only child/ inherits half the estate of her late father or mother9 If
there is more than one dauhter and no son/ then the dauhters ;ointly inherit t(o-
thirds of the estate9 $o(ever/ if there is a son >or sons?/ then the dauhter=s or each of
the dauhters share (ill -e equal to half of the son=s or half of each of the son=s share9
In all cases (ithin the family men inherits more than the (omen do9 Thus/ in the area
of inheritance also/ personal la(s continue to remain rossly ender discriminatory9
2nder the 1uslim la(/ the mother is never entitled to uardianship of her children9 It
lies (ith the father and after him/ (ith his father and -rothers9 $o(ever/ the mother is
entitled to the care and custody of her sons until they are seven years old and of her
dauhters till pu-erty9
B8
The la(s/ as modified -y the ,uardian and &ards Act of 5C70/ states that the (elfare
of the children is more important than the rihts of the parents9 A mother may also
have her children -eyond the specified aes if the court is satisfied that they (ould
not -e (ell loo!ed after -y the father9 The mother may also apply to the court for
uardianship of the children9 #ut it involves e"pensive and time-consumin litiation
over a lon period9 The father may dispose of the child=s property under certain
circumstances/ -ut the mother cannot do so (ithout the prior permission of the court
even if she is the appointed uardian of the child9 A 1uslim mother is entitled to
maintenance from her son if he is solvent financially >The 1uslim )amily 'a(s
Ordinance/ 57B5?9
The e"istin la( requires that every 1uslim marriae solemnised must -e reistered9
There has also -een an enactment titled =1arriae and Divorce +eistration Act/
57D<9 #ut even a casual o-servation in the rural areas reveals that a vast ma;ority of
the marriaes are not reistered9
Aain/ despite the e"istence of a la( to restrain child marriae/ the irls are -ein
married off (ell -elo( the minimum ae of 5C years9 $o(ever/ it is difficult to
enforce this la( due to the a-sence of the -irth reistration practice in #anladesh/
particularly in the rural areas9 Althouh/ reliion has made provisions for do(er >an
amount paya-le to the (ife?/ the payment is rarely made9 The society has made
provisions for do(ry >money/ ;e(elry/ and lu"ury items presented -y the -ride=s
uardians at marriae?/ and it has -ecome a tradition9 %on-payment of do(ry/ more
often than not/ -rins disaster to the lives of many (omen9
In response to the demands voiced -y (omen=s oranisations to amend e"istin la(s
orIand enactin ne( ones to improve (omen=s leal status/ the overnment from time
to time amended e"istin la(s and enacted ne( ones9 These include: >5? The 1uslim
*ersonal 'a( >Shariah? Application Act 578DA >6? The Dissolution of 1uslim
1arriaes Act 5787A >8? The 1uslim )amily 'a(s Ordinance 57B5 >Amended in
57CB?A ><? The 1uslim )amily 'a(s +ules 57B5A >@? The 1uslim 1arriaes and
Divorces +eistration Act 57D<A >B? The 1uslim 1arriaes and Divorces +eistration
+ules 57D@A >D? The Dissolution of 1uslim 1arriaes Act 5787A >C? The )amily
Courts Ordinance 57C@A >7? The )amily Courts +ules 57C@A >50? The #anladesh
*enal Code 5CB0A >55? The Evidence Act 5CD6A >56? The Civil *rocedure Code 5708A
>58? The Criminal 'a( Amendment Act 578CA >5<? The Suppression of Immoral Act
5788A >5@? The Do(ry *rohi-ition Act 57C0A >5B? The Cruelty to &omen >Deterrent
*unishment? Act 57C8A >5D? The &oman and Child Oppression >Special *rovision?
Act 577@A and >5C? 1aternity #enefits Act 57879
&hile the civil la(s are applica-le to the $indu community/ marriae/ divorce/
inheritance and uardianship/ (hich relate to the private sphere/ are overned -y the
$indu *ersonal 'a(s9 These la(s have remained unchaned since 57<D >the year of
partition of the su-continent?9
In the $indu reliion/ marriae is a sacrament/ not a contract9 The foremost duty of a
$indu father is to marry her dauhters off9 The irl=s consent in marriae is not
requiredA nor is divorce possi-leA and unrestricted polyamy is allo(ed9 The father is
al(ays the preferred uardian of his children/ (hile the mother can -e the uardian/
her rihts are inferior to those of the father9 %ot all dauhters of a man are equally
B<
elii-le to inherit9 In order of priority/ unmarried dauhters and married dauhters
(ith sons can inherit9 1arried dauhters -eyond child -earin ae and (ido(s
(ithout sons cannot inherit9 The $indu la(s permit adoption/ -ut only of -oys9
The la(s for the Christian communities in many cases ender -iased and
controversial to the constitution/ and human rihts9 +iht to divorce/ riht to alimony/
+ihts to maintenance are larely ender discriminatory9 It should -e overcome -y
ne( leislations and ma!e thes effective9 There is no personal la( for the tri-al/
#uddhist and some other reliious communities people in our country9 There is a
(ide demand in this purpose9
To protect (omen4s rihts/ to ma!e effective la(s relatin to (omen in our country/
authority of the state should find out the dra(-ac!s of the leislations and amend
them if necessary or ne( leislations shall enact for the specific issues9 #ein the
mem-er of the society (e have to chane our traditional neative concept and
practice and encourae the (omen to protect their rihts to ma!e successful the la(s
of (omen9
Chapter nine
9. Conclusion%
The leal status of (omen is a isolated in la( and practice in our country9 Some times
(omen are iven more rihts than the male9 .iolence aonist (omen is increasin
and indicates enerally that the amount of different crimes aainst (omen is so hih
that the time has come to introduce measures to eradicate them9 Clearly/ the need of
the hour is to protect (omen from violence throuh the la(9 The (hole issue of
violence aainst (omen did not pro;ect the fla(s in the criminal ;ustice system or
(hat else (e require/ to ma!e the system effective ivin proper ;ustice to (omen as
;ustice delayed is ;ustice denied9
.iolence aainst (omen is a phenomenon much older than human rihts concept9 It is
one of the ma;or manifestations of ender discrimination/ an essential outcome of the
e"istin patriarchal social system9 1ains-treamin of violence aainst (omen has
enendered the international human rihts frame(or!9 A much-needed clarity in
understandin of human rihts has -een esta-lished9 This has enhanced chances for
protection of (omen=s human rihts the (orld over9
The underlyin marinalisation of (omen in political decision-ma!in and
infrinement of their riht to freedom from violence are consequences of the eneral
acceptance of inequality and social tolerance of violence aainst (omen9 #anladesh
B@
is committed to various international conventions such as the Declaration on .iolence
>.ienna 5778? and CEDA& >Convention on the Elimination of All )orms of
Discrimination Aainst &omen?
8C
9 These commitments are reflected in the %ational
*olicy for the Advancement of &omen >577D?9 $o(ever/ in dealin (ith the
proressively alarmin situation of violence aainst (omen/ each successive
overnment seems to -e concerned (ith passin of la(s and tihtenin the leal
provisions (hile little attention is paid to the fact that la(s are not enforced/
procedures remain inappropriate and the perpetrators of violence often en;oy political
impunity9 &omen=s movement has persistently hihlihted these issues and has
continued to demand holistic measures for administrative reform and action for
elimination of unequal access to political po(er/ discrimination and violence aainst
(omen9 Apparently/ (e have ta!e effective measurement to protect the (omen4s
rihts and interest in (hole for our sustaina-le development9
+iblioraphy
59 Ali S9 Survey in the area of child and (omen traffic!in9 Dha!a: #anladesh %ational &omen
'a(yers4 Association/ 577D9
69 Amin S/ Diamond I/ %aved +T/ %e(-y 19 Transition to adulthood of female arment-factory
(or!ers in #anladesh9 Stud fam *lann 577C9
89 Ali S9 Traffic!in in children and their commercial se"ual e"ploitation in prostitution and other
intolera-le forms of child la-our in #anladesh: country report9 Dha!a: #anladesh %ational &omen
'a(yers4 Association/ 577C9
<9 Archavanti!ul K9 Traffic!in in children for la-our e"ploitation includin child prostitution in the
1e!on su--reion9 #an!o!: Institute for *opulation and Social +esearch/ 1ahidol 2niversity/
577C9
@9 Acharya 2D9 Traffic!in in children and their e"ploitation in prostitution and other intolera-le
forms of child la-our in %epal: country report9 Katmandu/ 577C9
B9 Ali AK11/ Ali AK11/ Sar!ar +9 1isplaced childhood: a study on the street child prostitutes in
Dha!a city9 Dha!a: Interated Community and Industrial Development Initiative/ 577D9
D9 Association for Community Development9 *rostituteIcommercial se" (or!ers and illeally
mirated (omen: t(o separate studies9 +a;shahi: Association for Community Development/
#anladesh/ 577D9
C9 #ennett T9 *reventin traffic!in in (omen and children in Asia: issues and options9 Impact on
$I. 57779
79 #anladesh %ational &omen 'a(yers4 Association9 Special -ulletin9 Dha!a: #anladesh %ational
&omen 'a(yers4 Association/ 577C9
509 #anladesh9 1inistry of &omen and Children Affairs9 *ro;ect *roforma >**?/ Child
BB
development: coordinated proramme to com-at child traffic!in >pilot pro;ect?9 Dha!a: 1inistry of
&omen and Children Affairs/ ,overnment of #anladesh/ 60009
559 #hattachar;ya 19 Traffic!in in South Asia: a conceptual clarity (or!shop9 %e( Delhi: Faori/
577C9
569 #anladesh #ureau of Statistics9 Statistical year-oo! of #anladesh >57th ed9?9 Dha!a:
#anladesh #ureau of Statistics/ 577C9
589 #anladesh #ureau of Statistics9 Statistical poc!et-oo!9 Dha!a: #anladesh #ureau of Statistics/
577D9
5<9 D9)9 1ulla/ *rinciples of 1ohamedan 'a(/ 5Dth Ed9
5@9 Decosas F9 $I. and development9 AIDS 577B9
5B9 )a0lur +ahman - Islam *9 87 quoted in 'eal Status of &omen in #anladesh -y Salma
So-han9
5D9 ,overnment of the *eople4s +epu-lic of #anladesh/ 1inistry of *lannin/ *lannin
Commission/ The First Five Year Plan !!"#$%%$/ comp9
5C9 ,upta TD9 *reliminary directory of non-overnment orani0ations >%,Os? involved in com-atin
traffic!in in and se"ual e"ploitation of children and (omen9 Dha!a: Action Aainst Traffic!in and
Se"ual E"ploitation of Children/ #anladesh Chapter/ 60009
579 $eise '/ 1oore K/ Tou-ia %9 Se"ual coercion and reproductive health: a focus on research9 %e(
3or!: *opulation Council/ 577@9
609 Islam %9 $uman settlements and ur-an development in #anladesh9 Dha!a: 2niversity of Dha!a/
577C9
659 Islam %/ %a0em %I9 2r-ani0ation and ur-an ro(th and policy9 In: Ialam %/ editor9 The ur-an
poor in #anladesh9 Dha!a: Centre for 2r-an Studies/ 2niversity of Dha!a/ 577@9
669 Interated Community and Industrial Development Initiative9 Study on the socio-economic
dimensions of traffic!in in irl children9 Dha!a: Interated Community and Industrial Development
Initiative >undated?9
689 Foardar #9 *rostitution in nineteenth and early t(entieth century in Calcutta9 %e( Delhi: Inter-
India *u-lications/ 57C@9
6<9 Fordar #9 *rostitution in historical and modern perspective9 %e( Delhi: Inter-India *u-lications/
57C<9
6@9 Khan 1+9 Situation analysis on traffic!in of (omen and children in #anladesh9 Shishu Anina9
Dha!a: Child and &omen Development Center >undated?9
6B9 Khan X+/ Arefeen $K9 +eport on prostitution in #anladesh9 Dha!a: Centre for Social Studies/
Dha!a 2niversity/ 57C7-709
6D9 Khan X+/ Arefeen $K9 *otita nari--a study of prostitution in #anladesh9 Dha!a: Centre for
Social Studies/ Dha!a 2niversity/ 57CC9
6C9 1usta Ahmed .s 1ahmud Amin *9'9D9 B69 Karachi <<6 quoted in &omen=s 'eal
Status in #anladesh -y Sufia Ahmed and Fahanara Choudhurry9
679 1orris F9 #ehind the veil: the chanin face of (omen in #anladesh9 Slant: School of
International and *u-lic Affairs/ Colum-ia 2niversity/ 577D9 2+':
http*++www.colum,ia.e-u+cu+sipa+P./S+SLANT+SP0"N197+morris.html9
809 1u!her;ee S9 $istory of prostitution in India9 Calcutta/578B9
859 1itra S%/ Ahmed Al-sa-ir/ Cross A+/ Famil K9 #anladesh demoraphic and health survey 577B-
577D9 Dha!a: %ational Institute of *opulation +esearch and Trainin/ 577D9
869 Khaled +ashid/ 1uslim 'a(/ Third Ed9
889 O-aidul $uq Cho(dhury/ $and #oo! on 1uslim )amily 'a(s/ the Dha!a 'a( +eports/
)ifth Edition 577D9
8<9 *olicy +esearch for Development Alternative9 )act-findin missions on traffic!in in (omen and
children from #anladesh to India and *a!istan9 Dha!a: %arirantha *ra-artana/ 57779
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8@9 +ahman A9 Disaster and development: a study in institution -uildin in #anladesh9 In: $ossain
$/ Dode C*/ A-ed )$/ editors9 )rom crisis to development: copin (ith disasters in #anladesh9
Dha!a: 2niversity *ress 'td9/ 57769
8B9 +esearch Evaluation Associates for Development9 %eed assessment survey of the disadvantaed
(omen and children in the ur-an areas of #anladesh9 Dha!a: Concerned #anladesh/ 60009
8D9 +a;-handari +/ +a;-handari #9 ,irl traffic!in: the hidden rief in $imalays9 %epal: &O+EC/
577D9
8C9 +ichard *9 Empo(erment/ community mo-ili0ation and social chane in the face of $I.IAIDS9
AIDS 577B9
879 Shamim I/ Ka-ir )9 Child traffic!in: the underlyin dynamics9 Dha!a: Center for &omen and
Children Studies/ 577C9
<09 Shamim I9 Child traffic!in and sale9 +eport su-mitted to #anladesh Shisu Adhi!ar )orum as
part of the pro;ect of case studies on child a-use/ e"ploitation and oppression9 Dha!a: Center for
&omen and Children Studies/ 57789
<59 Shamim I9 Traffic!in and se"ual e"ploitation of children: #anladesh perspective9 Cross -order
&or!shop to Com-at Traffic!in/ 5B-5C %ovem-er/ Siliuri/ Center for &omen and Children Studies/
577C9
<69 Shamim I/ editor9 *roceedins of the )act-findin 1eetin and the %ational &or!shop on
Traffic!in in &omen and Children9 Dha!a: Center for &omen and Children Studies/ 577D9
<89 Statistics on traffic!in and prostitution in Asia and the *acific9 Coalition aainst traffic!in in
&omen9 2+': http:II(((9mmediasol9comI pro;ects77Icat(ap facts9htm9
<<9 Salma So-han - 'eal Status of omen in #anladesh/ #anladesh Institute of 'a( and
International Affairs/ Dha!a 57DC9
<@9Traffic!in of &omen and Children in #anladesh/ An Overvie(/+u!hsana ,a0i/ Xiaul $aque
Cho(dhury/ S 1 %urul Alam/ Elma Cho(dhury/ )ai0 Ahmed and Suraiya #eum9 ICDD+/#: Centre
for $ealth and *opulation +esearch9
<B9 .on Sturensee .9 ,lo-ali0ed/ (ired/ se" traffic!in in (omen and children: a (orld(ide/
dehumani0in/ epidemic of poverty/ disease/ corruption/ colla-oration/ crime/ violence/ murder/
slavery and the valuin of unprecedented profits at the e"pense of human dinity/ decency and the
rule of la(9 1assachusetts: #randeis 2niversity/ 577D9
<D9 &omen4s *u-lishin $ouse and 1edia +esource Orani0ation9 Efforts to prevent traffic!in in
(omen and irls: a pre-study for media activism9 Katmandu: AS1ITA/ 577C9
<C9&omen=s 'eal Status in #anladesh -y Sufia Ahmed and Fahanara Choudhyry/ pu-lished
in Situation of &omen in anladesh/ &omen for &omen 57D79
<79 .iolence aainst (omen9
2+':
http*++www.who.int+2iolence3pre2ention+pa4es+2iolence3in#ormation3pac5a4e.h
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