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Suo Moto Law Journal
“Problems and prospects of women
legal professional in Bangladesh”
Shihab-Ul-Haque,
Fatema Akter Urmi, Mahmudul Hasan, Tastia Tithi
“All the writers
are students of Department of Land Management of Law, Jagannath University”
Journal
Article No. 2023-02/02
Date
of Submission:
5 January 2023
Date
of Acceptance:
23 February 2023
Abstract
This study investigates the issue and difficulties faced
by working women in the legal sectors of Bangladesh. The number of working
women increased, and they also encountered numerous difficulties. The study's
primary goal was to uncover the problems and concerns that urban working women
in legal sectors in Bangladesh confront. The objectives also included
acknowledging the important role that socioeconomic independence plays in a
woman's status, wellbeing, and security as well as her involvement in many organizations
that work to better the family and society. Some issues, such as emotional and
physical issues, are quite prevalent.
Finding the correct practice area, building a solid clientele, finding excitement in the daily grind, and most crucially, becoming financially independent from day one can be incredibly difficult in the early years of legal practice in Bangladesh. The community of supporters in the nation always finds many, if not all, of these responsibilities to be extremely difficult. The first few years of a lawsuit might be difficult financially, but young litigators shouldn't let that discourage them. Everyone would agree that networking plays a large part in the practice of law. Being skilled in talking is one thing, but being successful in the legal network calls for a unique set of abilities.
Most first-generation attorneys believe that lawyers who have a family history in the field are fortunate to have a solid reputation. To develop various skill sets, a lawyer must constantly expand the resources at their disposal. The most crucial skill for a lawyer to have is the ability to speak persuasively; failing to do so might endanger a promising legal career.
After many legal professions were established in Bangladesh in recent years, they stayed at a low level and didn't significantly increase until the final decade of the 20th century. Numerous issues, such as modernization, professional mobility, and economic inequality, were brought to light by this change in the structure of the profession.
The conventional mindset of Bangladeshi households was
something that all women joining the field had to deal with, and it presented
both single and married women candidates with numerous difficulties. Along with
their marital status, the newcomers' caste and religious affiliation also
contributed significantly to their demoralization. The status of women in
Bangladeshi tradition has generated debate. Although they have been given a
prominent position in society in theory, the reality has always been very
different from the ideal. Every family in recent years has felt intense strain
from economic need, even those from the traditional, backward, and conservative
groups.
A major challenge for most working, professional, and career-oriented women is leaving the house. In addition to their personal and family issues, job schedules, working hours, and work timings, women also face challenges including long commutes, crammed buses, long workdays in the courtroom, and accepting lewd comments from male coworkers on public transportation.
Keywords: Legal justice, Social change, Transformation, Professionals, Work Station, Development.
Methodology:
When we first
began the investigation, we made an effort to illustrate how women struggled in
a patriarchal society and their status in Bangladesh's legal sectors. We made
an effort to gather information from a variety of sources, including journals,
papers, writers, and books, authors of published articles, lawyers, other legal
professionals, and institutions.
Limitation:
In this study, we aim to understand the perspectives
of all professionals working in the legal field, from the challenges they
encounter on a daily basis to their significance as individuals in society. The
majority of the comments, opinions, scenarios, and project conclusions
presented here were created by significant figures in the legal industry,
however some viewpoints were provided by the assignment group members.
Introduction:
Women have always been a part of the "men's
world," which has always been dominated by patriarchal ideology. Women in
many countries have only just begun to realize the destructive effects of the
underlying injustice and gender-based inequalities that have caused women to
suffer continuously. In fact, there is a direct correlation between a society's
level of backwardness and its treatment of women. Without the complete and
equal participation of women, there can be no successful population program or
sustainable human growth.[1]
Despite all odds, more and more women are currently entering the legal field as both licensed attorneys and magistrates and other judicial officials, such as judges of civil and session courts.[2] To help women become more aware of their legal rights and access to justice, some of them are also enrolling in legal literacy and legal aid programs run by various NGOs, private non-profits, and activist groups. Long-term, these improvements will contribute to the abolition of discrimination against women and the creation of a legal system that is supportive of women.
Definition
of Empowerment of Women:
Despite the
fact that the phrase "empowerment" lacks a clear meaning, it is
widely used to refer to a process whereby a person who is currently weak or
disempowered gets more influence over resources and decision-making. The
interpretation of it as a liberation from the submissive position of the weak
or disempowered has also been made.
Empowerment is the process of generating and building capabilities to exercise control over one’s own life. Women’s empowerment is a model of gender analysis that traces women’s increasing equality by conscientization, participation and control (INSTREW: 1995, Page 43).
According to Srilatha Batliwala (1994), “Empowerment is a process which changes existing power relations by addressing itself to the three dimensions: material, human and intellectual resources. It is a process which must challenge and change ideology, the set of ideas, attitudes, beliefs and practices in which gender bias like caste, class, regionalism and communalism are embedded.”
Female employment in the legal profession:
The Bangladeshi
Constitution guarantees equality of opportunity, views employment as a right,
and commits to ensuring that women participate in all aspects of public life.
However, in practice, women still struggle to succeed in the workplace and
spontaneously contribute on a par with men. Despite all of these fundamental
protections, workplace harassment and abuse against women professionals is a
common occurrence.[3]
They don't appear to have a separate bathroom, a facility for working women to take care of their children, or a nursing area. The research was done as part of the PoWER project by BLAST, which produced the results. 114 legal professionals, including judges, attorneys, and courtroom staff, recounted their horrifying work experiences.
The study also revealed that female attorneys still face discrimination in the municipal courts. The worst thing is that female lawyers are denied family support in addition to being paid less and not trusted with difficult responsibilities. Additionally, the professionals who were questioned admitted to having experienced sexual harassment or abuse at the hands of their male coworkers and superiors.
Even the legal professionals themselves experience discrimination at work. Despite having a clear understanding of rights and a depth of legal knowledge, it is regrettable that they are also the victims.
In 2009, the court, one of the three State institutions, made the largest contribution to the workplace harassment of women. In Bangladesh National Women Lawyers Association (BNWLA) v. Bangladesh, the Court offered a few recommendations for preventing workplace sexual harassment.[4] The judges' stated objectives were to raise awareness of sexual harassment and to inform people that it is a criminal offense. Surprisingly, a policy was established about the elimination of hostile work environments for women as well as increasing worker confidence and faith that they do not face disadvantages compared to their male counterparts. A complaint committee must be established in each institution, according to a directive given to the responsible authority.
The recommendations were intended to fill the legislative gap in the nature of the legislation, but they have not been put into practice for the past nine years. 64.5% of professionals are not even aware of the rules set by the Supreme Court, according to a recent ActionAid report. However, according to BLAST's research, just 80% of legal professionals in Dhaka and 75% of legal professionals in Khulna and Kushtia are aware of the guidelines. The implementation of the rules is also in a bleak state. However, this profession specifically needs the first development because it is from here that legal knowledge is spread.
It would be disastrous for the future of the entire nation if there were a dreadful situation for women in the legal profession. The main obstacle to enforcing the constitutional guarantees can be attributed to the lack of a suitable environment that could encourage the contextual expansion of women's right to employment. Laws must be put into effect, which is another requirement. If laws are not put into practice, they are ineffective. The Bar Associations must act quickly to establish the sexual harassment prevention and complaint committee that must be constituted in every institution in accordance with the standards. Most importantly, it must be impartial, consistent, and active. The Judicial Administration Training Institute's (JATI) foundational training curriculum should include cover gender sensitivity issues in both implicit and explicit ways.
Having said that, Article 21(1) of the Constitution states that it is the responsibility of the people to maintain order, carry out their civic responsibilities, and uphold the highest law of the Republic.[5] Therefore, in addition to the government's job, it is our responsibility to put a law into effect. For any man or woman to use their potentials beyond any gender identification and according to their worth, human dignity needs to be perceived, sensitized, and exercised.
Advancement
of women in justice:
In Bangladesh, women make up
30% of legal academics on average, but only 10% of the legal profession. There
has never been a female Attorney General, Chief Justice, or Secretary of the
Ministry of Law and Justice. In the Supreme Court Bar Council's forty-year
history, only one woman has been elected. Work in the court presents a number
of challenges. Most female lawyers express dissatisfaction with the physical
environment of the court, owing to general overcrowding and a lack of basic
hygiene and sanitation facilities, particularly toilets.
Furthermore, women advocates face significant difficulties in
obtaining courtrooms, often having to rely on a male sponsor; instances of physical
and sexual harassment against women advocates, particularly junior lawyers,
have been reported. Concerns about physical safety and security, as well as the
inadequacy
of transportation facilities, are mentioned as general issues that impede the professional
performance of women advocates, along with the challenges of child and family
care responsibilities.[6]
As a result, many women prefer to work as in-house advisers or in legal aid
organizations rather than in practice, where they can better balance work and
family life. Finally, gender biases and stereotypes are prevalent, with women
reporting encountering patronizing and gender biased behavior from colleagues
and clients from the start of their legal careers.
GOAL: The promotion of and advancement toward equal opportunities for female judges and other legal professionals is the goal.
Objectives: Target beneficiaries' (judges, attorneys, court reporters, judicial assistants, law professors/lecturers, and law students') professional development outreach aiming at increasing women's visibility, awareness, and participation in the justice sector. The project is anticipated to directly benefit 25 judges, 60 lawyer champions, and over 10,000 attorneys.
Activities:
1. Professional
Development Sessions and Panel Discussions with Judges, Attorneys and Court
Reporters, Courtroom Staff, and Law Academics/Researchers, respectively, to
raise context-specific concerns about gender mainstreaming and legal practice,
develop specific recommendations, and identify key champions.
2. University
Experience-Sharing sessions at public and private universities in Dhaka,
Chittagong and Rajshahi to encourage female law students to enter legal
practice and strategies to cope with practical and social barriers during
practice. Law Career Development Groups will be formed at the respective
universities for provision of career-building support to the students.
3. University
Experience-Sharing sessions at public and private universities in Dhaka,
Chittagong and Rajshahi to encourage female law students to enter legal
practice and strategies to cope with practical and social barriers during
practice. Law Career Development Groups will be formed at the respective universities for provision of career-building
support to the students.
4. University
Experience-Sharing sessions at public and private universities in Dhaka,
Chittagong and Rajshahi to encourage female law students to enter legal
practice and strategies to cope with practical and social barriers during
practice. Law Career Development Groups will be formed at the respective
universities for provision of career-building support to the students.
5. University
Experience-Sharing sessions at public and private universities in Dhaka,
Chittagong and Rajshahi to encourage female law students to enter legal
practice and strategies to cope with practical and social barriers during
practice. Law Career Development Groups will be formed at the respective
universities for provision of career-building support to the students.
Expected Results:
1. In their particular
fields, female lawyers are more visible in participation and leadership roles.
2. Providing female legal
professionals with opportunities for professional growth such as training and
mentoring.
3. Increased information availability
and distribution about women in the judicial sector.
New beginning of Women Empowerment:
For the most of
the 20th century, the most popular professional options for women in the
subcontinent were either highly regarded government jobs, medical careers,
secure banking positions, or lucrative positions at for-profit businesses.
Since the profession was regarded to be viable for men only, it was nearly
taboo for women to pursue careers as judges or lawyers. Only cases involving
women would have women present in the courtroom.
However, times have changed, and many young women are now thinking about a career in law. Women in the subcontinent have willingly opted to pursue a legal practice completely out of choice and interest in legal education from Cornelia Sorabji enrolling as the first ever female lawyer of British India in 1921 to the present. Young, fearless, and ambitious women lawyers in Bangladesh are still fighting their way through obstacles to create the rule of law in their nation, carrying the legacy of Sorabji's bravery with them.
Salma Sobhan pioneered the route for women to enter the profession in Bangladesh. At age 21, Ms. Sobhan became the first woman barrister from Bangladesh (and, at the time, the first from East Pakistan) to be admitted to the English bar. She briefly practiced before going on to found the esteemed human rights group Ain O Shalish Kendra.[7]
Another well-known person in the field, Dr. Rabia Bhuiyan, joined the district bar in 1967 and the High Court Bar in 1969. She is Bangladesh's first female barrister. She has greatly influenced the creation of laws to prevent violence against women and is currently a Senior Advocate of the Supreme Court of Bangladesh.
Justice Nazmun Ara Sultana was then appointed as the first female judge in the High Court Division of the Supreme Court of Bangladesh in the year 2000. The Supreme Court of Bangladesh's Appellate Division nominated Justice Sultana as its first female justice ever in 2011. Justice Salma Masud Chowdhury, Justice Farah Mahbub, Justice Naima Haider, Justice Krishna Debnath, Justice Kashefa Hussain, Justice Fatema Najib, and Justice Kazi Zinat Hoque are the seven female justices who currently sit on the High Court Division.
Some change-makers,
who are largely young women, have recently made the bar proud. In our legal
system, these ladies are nothing less than superheroes who don black robes as
capes to save the day.[8]
How the next generation of female lawyers will influence society:
The Supreme Court of
Bangladesh attorney and 2018 recipient of the renowned Asia 21 Young Leader
Award, Barrister Rashna Imam, filed many historic public interest litigation
(PIL) petitions with the court that are of vital public relevance. Her PIL for
the creation of a legislative framework for emergency medical services for
victims of traffic accidents is one of her most remarkable accomplishments.
She worked on a case that resulted in the judgment ordering the reform of the Human Organ Transplantation Act 1999 and filed another PIL on behalf of Bangladesh Legal Aid and Services Trust (BLAST) for the establishment of guidelines in the prevention of needless cesarean sections.
Advocate Ishrat Hasan, a fellow young Supreme Court attorney, advocates for women and children. She has submitted numerous pro bono writ petitions to the Bangladeshi Supreme Court on various matters impacting women and children. She submitted a writ to create designated nurseries and child care locations in businesses and public spaces. The judge found in her favor and authorized the provision of chambers for nursing moms to nurse their infants.
In order to secure the protection of the unborn children and expectant women, she filed a second writ with the High Court in 2020. This time, she asked the court to issue a direction to the relevant agencies prohibiting gender identification of unborn children. The same year, she filed a second writ asking the court to make an order prohibiting disorderly mob lynchings. The HC responded by issuing five orders to avoid such instances from happening again. For her efforts, Hasan received the prestigious 2020 IBA Pro Bono Award.
These are only two instances of the outstanding accomplishments women are making on their own. They are responsible for some of the important rulings that will determine the nation's future. However, there are very few women on the bar and bench taken together. As strange as it may seem, those who work to advance women's rights in the nation face the same discrimination and stigma.
Endless
Obstacles:
The effects of gender
inequity are felt in our courts' hallways just like they are in any other
profession. Women have to deal with everything, from a lack of diversity to
male privilege when it comes to clients searching for professional services.
Although several women have been appointed as judges in the lower and higher courts, no woman from Bangladesh has ever held the positions of attorney general, law minister, or chief justice of the nation. Only a small number of female attorneys are made equity partners in prestigious legal firms.
Statics:
About 114 female legal
professionals were questioned for a different study by the same group, dubbed
"Participation of Women in Establishing Their Rights" (PoWER), in
which they discussed their courtroom experiences. According to the survey,
female attorneys in local courts face discrimination and are frequently the
targets of sexual harassment. This, however, runs counter to the nation's
established laws.
No woman shall be prohibited from admission to be an advocate based only on her sex, according to Article 28 of the Bangladesh Legal Practitioner's and Bar Council Order 1972. Our Constitution forbids discrimination of any manner, including that based on gender. It guarantees that men and women have equal rights.
The administration, which is headed by a woman, should guarantee the right conditions are in place to remove gender prejudice in the legal system. The last thing that should prevent them from achieving their goals is a lack of basic amenities. All they require for increased productivity at work is the government's consideration.
Despite the fact that the number of women pursuing legal careers in the nation is at an all-time high, there is a sizable gender gap in the bench and bar. From law companies to the state's law ministry, there are no female attorneys in the top positions. Lack of diversity in the legal profession dampens women's desire to pursue legal careers. In spite of these obstacles, however, women wearing the iconic black gowns and collar bands are defying expectations and tackling society's long-standing problems head-on.
Women attorneys in Bangladesh are illuminating the path to a just society as they continue to strive for equal representation in courts. With their actions, the country's future appears bright. They are setting standards not just for their male counterparts but also for all young girls who aspire to be just like them.
Women making their mark in Bangladesh judiciary:
Women in the subcontinental
region were accustomed to performing home duties in the past. But as time went
on, they eventually took control of the state and began working side by side
with the men to drive the nation's economic machinery.
Women are taking the initiative in the playground today, stepping over the line between the kitchen and the agricultural field. There are indications of women's success everywhere, including in administration, trade and commerce, law and order, and the judiciary. Due to the current government's pragmatist actions, all of these have been made possible.
Through their expertise and effectiveness, female judges are making their marks on the Supreme Court. The Supreme Court Bar Associations have 10,373 members, according to information. 1,636 of them are female. Nazmun Ara Sultana became the first female judge of Bangladesh's High Court for the first time in 2000. Women are better able to participate in this vital position because to her expertise and insight. Salma Masud Chowdhury, Farah Mahbub, Naima Haider, Krishna Debnath, Kashefa Hossain, Fatema Najeeb, and Kazi Jinat Haque are the seven female judges who now sit on the High Court.
The proportion of female judges in the high court, according to Justice Nazmun Ara Sultana, is comparatively quite low. She did, however, express the hope that this number might rise in the future based on qualifications and merit. In the nation's lowest courts, there are roughly 550 female judges. This is a significant advancement, she added.
The country's first female
barrister, Rabeya Bhuiyan, stated that Bangladeshi women have made significant
progress. In the legal profession, women are doing reasonably well. Despite
various challenges, women in the legal profession are completing their
obligations on a par with males by overcoming them.
Former Justice ATM Masud was the father of Justice Salma Masud Chowdhury. She started working at the Dhaka District Judge's Court on August 22, 1981. She registered as a lawyer in the High Court Division on September 21, 1983. On May 14, 1997, she registered as a lawyer with the Appellate Division. She was appointed as an additional judge of the High Court on February 19, 2002, as a result of her success. She was appointed a High Court judge on February 19, 2004, which was two years later.
Justice Farah Mahbub began her legal career in the district court in 1992 after earning her LLB and LLM from Dhaka University. On October 15, 1994, she enrolled as a lawyer in the High Court, and on May 15, 2002, in the Appellate Division. She was appointed as an extra judge of the High Court on August 23, 2004. She was chosen to serve as a full-time judge in the High Court Division in 2006.
Justice Naima Haider attended Dhaka University to study law. Additionally, she earned graduate degrees in law from the University of London, Oxford, Berkeley, Oxford, and Southern Universities. In 1989, she began practicing law at the district court. In 1993 and 2004, respectively, she registered as a lawyer with the High Court and Appellate Division. On June 8, 2009, she was appointed as an extra High Court judge. She was appointed as a High Court judge on a permanent basis on June 8, 2011.
As a "Munsef,"
Justice Krishna Debnath entered the judiciary on December 7, 1981, after
earning her law degree from Dhaka University. She then received a promotion to
district and sessions judge in 1996. On April 17, 2010, she was chosen to serve
as an additional judge. She was appointed as a High Court Division permanent judge
on April.
As a "Munsef," Justice Krishna Debnath entered the judiciary on December 7, 1981, after earning her law degree from Dhaka University. She then received a promotion to district and sessions judge in 1996. On April 17, 2010, she was chosen to serve as an additional judge. She was appointed as a High Court Division permanent judge on April 17, 2012, two years later.
After finishing her undergraduate and master degrees in English at Dhaka University, Justice Kashefa Hossain earned her law degree from the same institution. In London, she pursued the same course of study. She eventually began practicing law in the district court in 1995. In 2003, she applied to become a member of the High Court Division. She then worked as the state's deputy attorney general, the state's chief law enforcement officer. She was appointed as an extra judge in the High Court Division on August 4, 2013. Kashefa Hossain was appointed as a permanent judge of the High Court Division on August 5, 2015.
Begum Fatema Najeeb, a district and sessions judge, was added to the High Court Division's bench on May 30, 2016. She was chosen to serve as a judge permanently on June 6, 2020.
Kazi Jinat Haque was
appointed as a new High Court judge on October 20, 2019. She formerly held the
positions of assistant attorney general and deputy attorney general for two
terms each.
The
percentage of women in the legal profession is rising over the world, but their
advancement varies greatly by culture and country:
A 2013 research of 86 nations
(representing 80% of the world's population) found that women started to enter
the legal profession globally in the 2000s. Globally, Latin America, the
nations of the former Soviet Bloc, and Europe have the largest representation
of women in the legal system, while India and China have the lowest.
The analysis discovered 52 countries had a representation of hired lawyers greater than 30%, which is a threshold often considered to signal considerable societal change. Beginning quickly, Uruguay and Venezuela surpassed that number by the beginning of the 1980s. While Norway, Denmark, Germany, and the United States were relative latecomers, crossing the 30% threshold at the same time, women made up at least 50% of lawyers in Bulgaria, Latvia, Poland, and Romania by the mid- to late 2000s—some of the highest representation in the world.
The Contribution of Women Lawyers to the Advancement of Women's Rights:
Despite the Constitution's
proclamation of equal rights, there are numerous obstacles that women must
overcome in their daily lives. Concerns include the discrimination against
mothers' rights over their children under family law, the acceptance of a man's
multiple marriages, discrimination in inheritance, and the imposition of all
birth control obligations over women's bodies, in some cases, toward the next
generation. Even though these go against the Constitution's guiding principles,
no action is being taken to stop them by the government, political parties,
judiciary, etc.
It is necessary to prove the
legality of women's equal rights, which are guaranteed in the Constitution, in
all spheres of life (social, economic, political, and cultural). In order to
protect core constitutional rights, it is important to alter existing laws and
replace them with new ones.
In this profession, female attorneys are making a positive contribution. To make it simpler for women to access the court system, they have been able to pass laws, ordinances, and acts such the Dowry Prohibition Act 1980, Family Courts Ordinance 1985, Cruelty to Women (Deterrent) Punishment Act 1993, and amendments to some of these laws.
The respondents claimed that when a victim of rape goes to the police to report the incident, the police's initial view of her is that she is a lady of questionable character or that she is a prostitute. The women are frequently treated impolitely, suspiciously, and as though the rape was their fault.
Then, as the police seek out every private detail about the crime, the victim is raped once more. In the "safe custody cells" of the jail, some officers even assault the victim. They said that most medical examinations were performed by male doctors. As a result, many victims held back on complaining or resisted getting examined.
It is becoming harder to establish the offense. Women are hesitant to seek justice as a result. In order to change this thinking, the responders are lobbying for the establishment of a "Rape Victim Crisis Center" that will act as a safe haven for victims and get support from numerous women's rights and human rights organizations.
The police don't take a
woman's call to report domestic violence seriously. When they do bring a case,
they do so in line with the Nari O Shishu Nirjaton Domon Ain 2000, not the Penal
Code's standards for "injury" or "grievous hurt" (depending
on the severity of the incident). Furthermore, when a complainant wishes to
submit a First Information Report at the thana, the police only make a General
Diary entry and leave out important facts. Due of this, it is difficult to make
a case in court, let alone to support it with evidence.
Once more, if a woman who has been evicted from her husband's home goes to the police to ask for custody of her child or children, the police step in and argue that the child or children belong with their father and should stay there. They believe that a distinct Domestic Violence Act should be incorporated into Bangladeshi law for this reason. This will make it possible for persons requesting redress to identify and describe the specific abuse they are experiencing when submitting a case. Additionally, it will be acknowledged that domestic abuse is a crime rather than just a social violation.
The provisions of Nari O
Shishu Nirjaton Domon Ain 2000 made sexual harassment a criminal offense
punishable by law for the first time as a result of persistent pressure from
female lawyers and various organizations. According to this Act's Section
10(2), "Any man who, in an inappropriate way, insults a woman's modesty or
makes obscene gestures will have engaged in sexual harassment. For this, the
above-mentioned male will be sentenced to rigorous imprisonment for not less
than two years and not more than seven years, and beyond this, will also be
subject to monetary fines."
The suicide of Simi Banu has demonstrated the necessity for changes to the Bangladeshi law, which is plain and deals with the expression of inappropriate sexual desire and conduct. Because the current definition of harassment is narrow because it only considers threats that are either explicitly or indirectly sexual in character.
Most crucially in this regard, the law tacitly presupposes that a woman's modesty, most likely her sexual modesty, is at risk. Legislation that incorporates conventional ideas of modesty and femininity opens up potentially hazardous territory. The legal protection of modesty can actually wind up limiting rather than extending women's freedom since interpretations of what constitutes modesty and "acceptable" female behavior are highly subjective. They support changing the current law because of this.[9]
Findings:
The study's findings indicated that various types of women
encounter various issues in their professional lives. Discrimination, such as
the issue of the glass ceiling, is one issue they deal with at work, and they
must work hard to advance. Obstacles line every inch of their road. To achieve
their objective, they must struggle. They get more stressed and worn out trying
to balance their personal and work lives.
Conclusion:
Empowerment is one strategy
that has been developed, among others, to advance women's position in the
global community's search for efficient ways to better women's position with
regard to equality, freedom, and rights. To empower a woman is to improve her
cultural, social and economical status.
Only seven Safe Custody Homes for women and adolescent girls have
been established by the Ministry of Social Welfare in six divisions of
Bangladesh, and each one can house 50 people (two in Dhaka division).[10]
By using various
corresponding methods and by fostering environments that allow for the genuine
development of their faculties, we may make people more economically,
politically, and intellectually capable, as well as more practical. It includes
educating them, empowering them, making them aware of their rights, involving
them in various socioeconomic and political activities, and involving them in
the decision-making process. It also means taking precautions against
oppression, which has historically hung over them heavily.
These aims must be put into action if women are to be empowered. Legal protection is required for this kind of implementation. Since the law serves as both a legitimizer and a regulator, it is crucial in sustaining sexual stratification and molding women's lower social and economic status in society. Three main factors are at the heart of the issue of women's lower legal status:
a)
The laws themselves are frequently unfair or discriminatory,
restricting women's rights.
b)
The application of the law – even when adequate – is often
arbitrary or prejudicial toward women.
c)
Women frequently aren't aware of their own legal standing,
the rights they do have, how laws affect them, or even that they are the
targets of injustice.
Even though Bangladesh is the only nation in the world with a female prime minister and female head of the opposition, women are still denied access to many basic rights, including wage discrimination, maternity leave increases, allowance increases, appointment letters, mandatory overtime requirements, on-site daycare facilities, issues with layoffs, pay alignment with commodity prices, etc. Various women's organizations have been speaking out against women's unequal and demeaning positions on behalf of women. They may now address the issue of women's less favorable legal standing thanks to the assistance of female attorneys, as the law significantly contributes to this imbalance. An traditional tale about "Shiva's Pigeons" makes it simple to understand the significance of women's emancipation.
[1]
(Boutors-Boutors Ghali, 1995; Star Weekend
Magazine, March 14, 1997, Page 16).
[2]
Research Scholar, Dr. B.R. Ambedkar College of
Law, Andhra University, Visakhapatnam, bhagyasri.n@gmail.com
[3] Sobhan, Salma, Legal Status of Women in
Bangladesh,Bangladesh Institute of Law and International Affairs,
Dacca, 1978.
[4]
Shamima Binte Habib, Women in Legal Profession:
A New Dimension in The Empowerment of Women,2010
[5]
Raihan Rahman Rafid, Women's workplace in legal
profession.
[6]
Star Online Report
(2020). 4,249 women faced domestic violence in April, 1,672 for the first time:
MJF. The
Daily Star
(06 May 2020); Mahpara, “Phase II – Media Tracking of Domestic Violence,
Bangladesh”.
[7]
10 Ain O Salish
Kendra, Statistics on Human Rights Violations, Violence Against Women, Domestic
Violence (08 June 2020)
[8]
Ain O Salish Kendra, Statistics on Human Rights
Violations, Violence Against Women, Rape (08 June 2020)
[9]
BLAST (2020). In
light of the COVID-19 lockdown, CIDV has recommended bringing all cases of
domestic
violence within the ambit of the proposed virtual courts
and activating the process of filing General Diaries
online.
[Press release] 28 April; Mahpara, P. (2020).
[10]
(Department of Social Services, Bangladesh,
Safe Home & Centre for the Vagrant)
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