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December 26, 2004

Violence Against Women

Gender-sensitive authoritative body needed

Salma Rahman

Women constitute about half of the population of Bangladesh. But the status of Bangladeshi women is ranked the lowest in the world. A United Nations Population Fund (UNFPA) report in 2002 reveals the most distressing fact that stated, the country ranks no 1 in committing violence against women (VAW) with a record of 47 per cent women physically assaulted in different ways by men.

The report did not mention the number of women suffering from mental violence. This kind of violence remains unreported, may be even to intimate partners! Because of difficulties in detecting mental harassment people remain unaware of this form of violence.

VAW takes different forms in terms of the family, community, society, and the state. Wife beating, battering, dowry-related violence, causing miscarriage, slavery, sexual harassment, physical torture, rape, trafficking, acid throwing, abduction, murder, even verbal harassment- are globally accepted as violence against women.

But the most common phenomenon in all kinds of violence is gender discrimination. Due to misconception about 'gender' and 'sex' VAW is made acceptable by the culture of the country. VAW is considered as a 'private' and 'culturally acceptable' matter. Thus womenfolk of Bangladesh are made to believe that they do not deserve the right to live a violence-free life.

This kind of wrong perception downgrades the womenfolk of Bangladesh although the well-thought Constitution of the country guarantees equal right for them '<>in all spheres of the state and of public life'<> [Article 28(2)]. Besides the government took several worth-mentioning steps to ensure right to equality and non-discrimination towards women since independence. Those steps are-
*Formation of Women Rehabilitation Board in 1971
*Guarantees equal status of women in the Constitution in 1972
*Establishment of Women Rehabilitation and Foundation in 1974
*Formation of National Women Association in 1976
*Creation of Division of Women Affairs in 1976
*Creation of Ministry of Women Affairs in 1978
*Reserving 10 per cent quota for women in government cadre service appointments and 15 per cent in non-cared government and semi-government appointments in 1978
*Enacting Dowry Prohibition Act in 1980, which was amended as the Dowry Prohibition (Amendment) Ordinance in 1982
*Enacting anti-oppression of women law in 1980
*Enacting the Cruelty to Women Ordinance in 1983
*Creating Directorate on Women's Affairs in 1984
*Ratifying the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1984
*Enacting Family Courts Law in 1985
*Enacting Muslim Family Laws (Amendment) Ordinance in 1992
*Declaring compulsory primary education for women in 1992
*Declaring full-free schooling up to class-VIII in 1993
*Declaring food for education in 1993-94
*Providing stipends to girl students from class-VIII to class-X in 1994-97
*Enacting the Special Tribunal Act in 1995
*Allowing women to contest in direct election in three reserved seats in the Union Parishad in 1997
*Undertaking the National Plan of Action on Women Advancement on the basis of CEDAW and the Beijing Platform for Action (BPFA) in 1998
*Enacting the Women and Children Repression Prevention Act in 2000
*Enacting the Acid Crime Prevention Act and the Acid Control Act in 2002

The government also set up several agencies and bodies to ensure violence-free life for the country's womenfolk.

Bangladesh submitted its fifth periodical report to the CEDAW Committee on July 9 this year. The report highlighted some achievements in some areas like empowerment of women in the local government, full free studentship and scholarships for girls, four months maternity leave for women in government jobs, violence against women etc.

While ratifying CEDAW on 6 November 1984 the government expressed its reservations to four of the Convention's important provisions- Articles 2, 13(a), 16.1 (c) and 16.1(f). Article 2 obligates the Sate parties to change discriminatory laws to eliminate all kinds of discriminations against women.

In 1997, while submitting its third and forth periodical reports to the CEDAW Committee, Bangladesh withdrawn its reservations on Articles 13(a) and 16.1(f). Reservations retained on the other two articles on the ground that those conflict with the country's personal laws. But the government made a commitment to withdraw reservations on those in course of time.

Besides non-government organisations (NGOs) in Bangladesh are working relentlessly on VAW for the last few years. Through their activism VAW has become a major development issue. The CEDAW Committee accepts shadow reports from these NGOs. This year's the shadow report was jointly submitted by the Ain O Salish Kendra, Bangladesh Mohila Parishad and the Steps Towards Development.

The report identified complex segments relating to discriminations against women and denoted their relationship to the CEDAW. It also presented statistics on problems of women, their causes and effects on the womenfolk of Bangladesh.

It also cross-checked whether or not those problems are equally identified in the government report and analysed them where necessary. It presented several recommendations after analysing the undertaken steps (such as enacting laws and policies undertaken, resource allocation and creating public awareness) by the government.

The report also demanded withdrawal of reservations on Articles 2 and 16.1 (c) as per the government's earlier commitment. It also demanded necessary changes in laws under the CEDAW articles already ratified by the government, enacting law relating to domestic violence, increase number of reserved seats for women in the Parliament, direct election for them, amendment in citizenship law, enacting uniform family code etc.

The CEDAW Committee, in its comments on the third and forth periodical reports submitted by Bangladesh, urged upon the government to- a) withdraw reservation to Articles 2 and 16.1(c); b) allocate adequate resources for women's programmes, and c) strengthen its enforcement and monitoring of existing laws, policies and mechanisms on violence and to create a social environment which would change social stereotypes of discriminations.

But after all these years the scenario changed a little as the government failed to recognise the multifaceted problem with due attention. To combat VAW the most effective avenue can be the country's law as the Constitution of the country grants equal rights to women.

Despite so many legislative measures taken by the government the judiciary system of the country remains ineffective while dealing with the cases related to VAW. And thus the good intentions of the government to tackle the problem remain unsuccessful due to lack of effective implementation of these measures. The main cause of the failure remains in the misconception about gender among the people responsible for ensuring effective implementations of the government's policies. The patriarchal perceptions of women's subordination and dependency to men remain well placed in a deep-rooted position. The dimension of patriarchal thoughts about women's subjugation does not bother to share equal rights with women. As a result law enforcing agencies and bodies fail to act when they deal with this kind of 'private' and 'socially acceptable' matter. This loophole creates opportunity in raising of violence against women.

This kind of attitude of the implementers of law needs to be changed. They are to make understand that VAW is a 'public' matter as it halts the overall economic development of the country. Reorientation of gender-sensitive attitudes can be an effective tool to build awareness among the law enforcing agencies and bodies about VAW. If the laws are properly implemented with due interpretations hopefully the community and society will comply with the government's good intentions.

The author is an Organising Secretary, Bangladesh Women Journalists Forum.