Right to be Treated Equally in All Spheres of Life: Bangladeshi Women's Perspective

Bangladesh is a developing country both in Society and its economy. For the development of this country, both males and females have a contribution. But when providing rights to the citizens, Government fails to ensure equal rights and opportunity. It is flagrant when this happens in the case of ensuring equal rights and opportunities for males and females. Most of the time, males are getting advantages compared to females. But at the time of promulgation of our Constitution, in the 3^rd part of the Preamble, it is said that it shall be a fundamental aim of the State to realize through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, Equality, and justice, political, economic and social, will be secured for all citizens. Article 28 (2) of The Constitution also states that Women shall have equal rights with men in all spheres of the State and of public life. Though it is said that women have equal rights and opportunities, in reality, it is a myth till now. But the good news is, nowadays, women compete with men, and sometimes they defeat men and get their desired place. Regarding health, education, and work, Bangladeshi women have progressed in various aspects but still face problems related to gender inequality.

Principles of Equality and of Equity:

According to Article 27 of the Constitution of the People's Republic of Bangladesh, All citizens are equal before the law and entitled to equal protection. But from the perspective of women in Bangladesh, they are usually not getting equal protection by the law. Instead, they are facing immense trouble both in social and national life. According to John Rawl's theory of Distributive Justice, "each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberty for all and also said that social and economic inequalities are to be arranged so that they are both—

a)      To the greatest benefit of the least advantaged, consistent with just savings principle;

b)      Attached to offices and positions open to opportunity".

Article 27 denotes principles of equity so that the least advantaged and backward sections of its population resurface from their place and contribute to the nation's development.

Definitions:

1) Equality: "Equality is a recurring and dominant theme in women's rights discourse, though its universal or accurate definition is yet to develop. At a similar time or situation, Equality may require different treatment for different individuals to produce a similar result. In its simplest expression, Equality, as opposed to discrimination and unfair adversaries, signifies equal access to all benefits and opportunities guaranteed by law. In another sense, Equality might refer to the relationship between men and women and how their roles are socially constructed.

2) Equality of Opportunity: According to Cambridge Dictionary, equal opportunity means treating all people equally and not being influenced by a person's sex, race, religion, etc.

According to Collins Dictionary, Equal opportunity refers to the policy of giving everyone the same employment opportunities, pay, and promotion without discriminating against particular groups.

Article 29 of The Constitution of the People's Republic of Bangladesh also states the provisions related to equal opportunity. Article 29 (1) states that there shall be Equality of opportunity for all citizens in respect of employment of office in the service of the Republic. And clause 2 of that Article states that no citizen shall, on grounds only of religion, race, caste, sex, or place of birth, be ineligible for or discriminated against in respect of any employment or office in the service of the Republic.

3)  Rights: "A right is something a person has which people think should not be taken away. It is a rule about what a person is allowed to do or have. In another word, Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory".

     Classification of Rights: Rights can be divided into many ways. We can classify rights as—

a)      Human Rights: Human Rights are rights inherent and inalienable to all human beings, whatever their nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status equally applicable to and enjoyable by people which are essential to growing personality and humanity of the people are called Human Rights.

b)       Legal Rights: "Legal right is a difficult concept. In its strict sense, a legal right is an assertable claim enforceable before courts and administrative agencies. In its wider sense, legal rights have to be understood as any advantage or benefit conferred upon a person by the rule of law. A legal right is a capacity to assert a secured interest rather than a claim that could be asserted in the courts."

c)      Civil and Political Rights;

d)     Economic and Social Rights;

 It can be questioned whether Bangladeshi women could enjoy these rights equally in all spheres of their life? The answer is partially positive. But in most cases, they are facing discrimination. Women in Bangladesh face many kinds of discrimination, but one of them is Gender inequality. Most of the time, their male counterpart dominates them and try to get an illegal opportunity. These incidents could be discussed in the following heads, namely—

 Violation of Human Rights of Women in Bangladesh:

According to Article 2 of the Universal Declaration of Human Rights, Everyone is entitled to all the rights and freedoms outlined in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinions, national or social origin, property, birth or another status. Article 28 of The Constitution of the Peoples Republic of Bangladesh also has the same provision. But in the field of application, it can be seen a totally different picture. On the grounds of public employment, women are often paid lower grades than men for the same work. Sometimes they face sexual harassment. Forced labor work is also increasing day by day. But the good news is, nowadays, women are getting opportunities for public employment. More than 60% of primary teachers are female, 80% of women work in the garment sector, and 90% work in the health & family planning sectors. But in the managerial post, only 14.67% of women are working, and only 1.35% are employed in the policy-making sectors. Though in 3^rd and 4^th grade, women workers are more than 50% and even in a better position than male in the upper-level participation of women are not satisfactory. Moreover, violation of human rights such as sexual harassment, forced labor, and insufficient privileges is the biggest concern in the public employment of women in Bangladesh.

The Universal Declaration of Human Rights, 1948, also stated the right to social security, privacy, freedom of movement, life, and personal liberty for all human beings. In the case of women in Bangladesh, most of the time, these rights are violated. Though the Government has taken some measures to ensure the Government is equal, taking the initiative is not enough to erase unequal treatment. Sometimes, family education is played an important role. The family treated their male child as superior to a female child. Sometimes they created a bar in the movement of women. Our Society also developed some rules which made bars against women; one of them is the 'fatwa.' By giving fatwa,' Society is trying to dominate women. In Bangladesh, women can't move freely, and their social security is very vulnerable. It causes heinous crimes like rape, sexual harassment, bullying, etc. Nearly 13 women and girls were raped every day. According to Police statistics, 731 rape incidents were reported in the first six months of 2019. From 2014, approximately 20835 cases have been filed for rape. A total of 1413 females were subjected to rape in 2019; 76 were killed after rape, while 10 other victims killed themselves. These statistics show the actual scenario of social security, life, and liberties of women. Women trafficking is also a significant threat to women ensuring social security, right to life, and personal privilege. In most cases, women are trafficked for commercial sexual exploitation, bonded labor, and forced labor.

In the economic sector, women in Bangladesh are doing well. Bangladesh's female labor force participation rate has risen substantially - a full 10 percent from 2003 to 2016. From the field level to the higher level, women show their capability, and their participation is remarkable. But till now, the involvement of women is 44% comprising males. Women in rural areas are mostly facing economic problems. They are doing their household work but are paid nothing. They are totally dependent on their husband for monetary support. This causes many kinds of issues for women.

The value of political Equality is central to the normative theories of democracy, which consider women equal citizens and should share equally with men in public decision-making. In Bangladesh, we see that only 72 women are in parliament, which is only 20% of the total number of Members of Parliament. This shows the participation of women in politics in Bangladesh. Article 19(3) of The Constitution of The People's Republic of Bangladesh guarantees Equality of opportunity and participation of women in all spheres of national life. But in real life, women are far more away from their rights.

Education Sector in Bangladesh:

In the education sector, women are doing well. For the discussion purpose, we divide Bangladeshi education into lower-class and upper-class education. In lower-class education, females are far better positions than male students. At the primary level, 116.47% of females enrolled in 2018; at the Secondary level, this percentage was approximately 72.56% in 2019. But in the higher level of education, this percentage is relatively low. Only 0.72% of women are getting a higher study chance than males. Though the Government of Bangladesh is taken many steps for female education in lower levels of education, these steps are working. Still, in higher levels of education, it needs to be fixed. This is mainly because of the early marriage of women and economic and social problems. If the Government takes the necessary steps to remove the Government, then women might be doing well in the upper level of education and lower level of education.

Legal rights related to women in Bangladesh are ensured by several laws and legislations:

Bangladesh government has provided legal rights to all citizens above race, sex, caste, or place of birth, e.g. —

        i.            Right to vote;

      ii.            Right to social security;

    iii.            Right to job opportunity;

    iv.            Freedom of movement etc.

Since independence, various legislative measures have been taken to safeguard Women's rights in Bangladesh. Even an enormous number of acts, legislations, and periodical amendments of those due to social dilemmas enacted by the authority with sovereign endorsement. The laws and legislations which give protection against any violence before women are the below:

·         The Constitution of the Peoples Republic of Bangladesh, 1972.

·         The Penal Code, 1860.

·         The Criminal Procedure Code, 1898.

·         The Dowry Prohibition Act, 1980.

·         The Cruelty to Women (Deterrent Punishment) Act, 1983.

·         The Woman and Children Repression (Prevention) Act, 2000.

·         The Public Safety Act, 2000.

·         The Anti-Terrorism Ordinance, 1992.

·         The Immoral Trafficking Act, 1993.

The Government has made laws and convinced those a government to its proper observations. "The Constitution of People's Republic of Bangladesh, 1972", Part III contains 19 articles (26-47A), providing all the rights and privileges for women as long as it's protected. The laws include: (i) the right to equal opportunity in all spheres, (ii) non-discrimination, (iii) association, (iv) freedom of movement, (v) safeguards against arrest and detention, (vi) equal protection of laws, (vii) right to life and personal liberties, (viii) occupation and religion, (ix) rights to property, (x) protection of privacy and social security, (xi) The socio-economic right, (xii) right to speech and assembly.

To address the multi-dimensional forms of dowry, "The Dowry Prohibition Act, 1980," was enacted and amended several sections considering the performance of violation. From 1980 to 2018, 'The Dowry Prohibition Act 1980" was the primary instrument for the punishment and judgment relating to the offences. In 2018, the Dowry Prohibition Act of 1980 was repealed, and the new Dowry Prevention Act of 2018 was enacted because of the absence of such exclusion.

"The Penal Code, 1860" has reformed crimes such as rape, adduction, and kidnapping against women and children and provides stringent punishment and crucial judgments.

Having realized the magnitude and pervasive nature of violence against women, the parliament enacted "The Cruelty to Women (Deterrent Punishment) Act, 1983". The law outlawed kidnapping, trafficking, acid throwing, rape, attempt to murder, and causing death. This law also imposed a maximum penalty of life imprisonment or a death sentence for those related offences.

Then came another act in 1995, which repealed the prior act of 1983 and dealt with a new form of crime, such as grievous hurt and death, by using damaging poisonous or corrosive substances along with the above offences. The name of this act is "The Women and Children Repression Act, 1995". The show was again repealed by "The Women and Children Repression (Prevention) Act 2000."

In Bangladesh, many women work as labourers along with men. The Government has initiated "The Bangladesh Labour Government" with special provisions ensuring women's rights and privileges. Chapter- IV of this act contains Maternity benefits and other special requests for women. This act is a role model for encouraging women to employment.

In addition, the Bangladesh government accepted the UN Optional Protocol to the convention to eliminate discrimination against women. Besides, some unique laws, which are similar almost to the objects and nature, prevent terrorism, violence, harassment, and abduction of women and children, as discussed above.

Apart from these, some laws, called Personal and Family Laws, constitute a significant role in protecting women's rights in a family and religion, such as Shariah Law (Muslim personal law) for Muslims and Hindu Law for Hindus. Any personal affairs, e.g., marriage, divorce, maintenance, inheritance, etc., are the concerning issue of those personal laws. "The Muslim Marriage and Divorce (Registration) Act, 1974", and "The Family Court Ordinance, 1985" are some unique family laws that deal with marriage,  dissolution of marriage, dowry, and maintenance and give them protection in respect of any offence thereby.

Violence against women's rights and lack of judiciary and executory enthusiasm:

Violence against women is common but dangerous in most societies worldwide, including Bangladesh. That type of violence was maybe both physical and mental. Bangladeshi women suffer multiple forms of violence, including domestic violence, dowry deaths, rape, gang rape, sexual harassment, mental torture and stigma after rape, forced marriage, trafficking, and so on.

About half of the Bangladeshi population are women, but their status of them is inferior and much lower than men. It is a matter to be considered that although a considerable number of laws, legislation, judiciary approach, and power & functions are ensured by the Government- why is all this oppression by is Government and on? Here comes the point: the lack of judiciary and executory enthusiasm, lack of justice, and the gestures in the eyes of Society upon women. Women are subjected to discrimination and violence in the workplace and household activities. Many of our men considered women as their property. Even the social perspective is also in that sense like women are born to live with their heads bowed.

Violation of women's rights is widespread in all sectors of life. Rape is the most severe form of violence against women in Bangladesh. Rape is a criminal offence punishable with 7 years imprisonment under the penal code of Bangladesh, 1860. But in the case of the extent and severe nature of rape, the Women and Children Repression (Prevention) Act, 2000 has increased the punishment of rape up to the death penalty and long life imprisonment and a large number of compensation. Due to this power of laws, it is not found to be appropriately exercised. Where strong evidence exists to file a suit, the accused is often manipulated by bribing the police or frightening the victim and her family. And afterwards, our so-called Society mistreats the victim as a 'bad woman.' Even the family of the victim also suffered.

There are many incidents in case of misuse of rape laws in Bangladesh. The accused may sometimes manage 'easy bail' using their economic and political strength. Finally, it is the cause of suffering for the victim and her family, which is a causation of 'Suicidal death.'

However, besides rape, dowry, and trafficking of women and children, sexual harassment and negligence in job sectors are typical cases women suffer nowadays. And when the time of justice, the legal era is just silent smoothly. Again, constitutional guarantees are distorted by the exercise of repressive laws. This is because legal reform will not work to benefit women by itself unless its compliance is ensured by State.

Recommendations:

Women are vital to human progress and have an important place in Society. They are not at all inferior to men. The role of women as educators, global volunteers, workers, and researchers, enrolled in the progress of national and international development. To attempt future growth, a developing country like Bangladesh should undertake several programs for the advancement of women. If not, the Government won't be able to ensure future progrGovernmentlecting half of the population deprived thereby.

Bangladesh is yet to enact any law to investigate or conciliate discrimination against women. The Constitution has already ensured Equality before the law, but in negligence, we need help finding its proper execution. Even governmental body needs to be more responsible in their legal approach. It shifts the legal focus from the formal and different approach to Equality to the historical and systematic underprivileged conditions of women in a particular society. The extensive accommodation of laws and judgments is the only way to achieve Equality.

The Government should take necessary steps, where Government, to ensure that women can exercise freely and effectively their economic and social rights. The work of NGOs involved in the reduction of violence against women, including adequate logistic and financial support, should be inaugurated. All relevant institutions dealing with violence and the protection of victims need to draw up all necessary medium, and long-term coordinated action plans to get rid of that violence. It is recognized that male dominance against women is crucial in violation. This is high time we have to break down this continuity. The active participation of men has to be authorized through a new perception formation.

A periodical amendment of the existing laws should be ensured along with the nature of violence. A constitutional amendment should be adopted requiring the Government to establish educational institutionGovernmential training programs at national and local levels exclusively for women, to promote their capacity and skill in the workplace. A new and dynamic approach must be developed in the judicial to deal with women's current societal problems. In fact, a complete form of social norms and moral values has to be ensured for the sustainable growth of Bangladesh.

Conclusion:

The violation against women will decrease, and the equal right of women will ensure if women become highly educated and increase their higher education indicating the future development of women in Bangladesh. The pervasive culture of gender-based violence in Bangladesh should be curtailed by the proper execution of laws. In fact, the situations will not just be settled by the affirmation of state laws. Suppose both men and women realize that violence against women is a serious offence. In that case, women's oppression, suppression, and discrimination will decrease, and it may bring a society where men and women are treated equally.

[This Article is written by Md. Sajib Ali & Tanwee Saha, Students of the Department of Land Management and Law, Jagannath University.]