BRAC UNIVERSITY
COURSE OUTLINE
LAW 345: WOMEN, LAW AND LEGAL PROTECTION
Dr. Saira Rahman Khan
Associate Professor, School of Law
Room: CB 604
Introduction to the Topic
Discrimination takes various forms in Bangladesh. There are instances of discrimination on the grounds of religion,
ethnicity and even financial status, but the issue of discrimination is even more noticeable when it comes to the
status of women in our patriarchal society. Women are the largely silent victims and witnesses to domestic violence,
rape and other heinous acts – their silence made even more profound due to the social stigma attached to some of the
acts of violence they face. Women are discriminated against in public life and within the family. They are
sometimes labelled the ‘poorest of the poor’ due to their low economic status – especially if they are poor women
who have been abandoned by their husbands or are poor widows. Even when they are strong enough to seek
employment overseas, Government policy places them in the stereotypical jobs such as child minding, housekeeping
and looking after the elderly – and even there they face discrimination and violence.
Women in Bangladesh are subject to various forms of violence because gender relations place them in subordinate
positions in all aspects of life. The legal framework appears ineffective in combating patriarchal practices and
dominance because of exceptions and loopholes. As a result, social norms that are detrimental to women are
reinforced. Thus, women continue to face various forms of violence, harassment and degradation.
A large number of women fall victim to domestic violence every year in Bangladesh, mainly over dowry demands
by their husbands and in-laws. The unwillingness to address the issue of domestic violence effectively is because
domestic violence is a far more divisive and sensitive issue for Bangladeshi society than violence by police or
violence in public spaces, since it raises the question of the abuse of the patriarchal power structure within the
family. This patriarchal power is the source of domestic violence, the means for a husband to overpower his wife.
Even the police view it as more of a social issue and not a legal one. Yet, there are studies and statistics that suggest
that the vast majority of violence against women takes place within the homes. 1 The reason why domestic violence
is not taken seriously, or rather is tolerated by the society, is that women are perceived by the society as inferior to
men, who have given them honour and status by marrying them. This only increases women’s perceived economic
and cultural dependency on men and the idea that there has to be a man to protect a woman and her honour.
Common ‘public’ acts of violence against women include rape, acid violence and trafficking in women. A girl’s
refusal to have a relationship with a man or rejection of his marriage proposal is not well received. In many cases,
especially in rural areas where the enforcement of law and order is, to say the least, not very strict, the jilted Romeo
may take revenge by rape or acid violence, to spoil any future chances of a relationship for her. Failure to meet
1
See Schuler et al. 1996; Blanchet 2000; Bhuiya et al. 2003; Koenig et al. 2003.
dowry demands may also lead to an acid burnt face and body. Rising social and political intolerance, easy
availability of acid, deteriorating law and order situation, and the traditional mindset of men translate into various
forms of violence against women.
Rape is a taboo issue in Bangladesh as it is something that brings shame to not only the victim, but to her family –
and many dishonours her father. Unfortunately, here too, the woman and not the man is perceived to be of bad
character. What happens afterwards? Usually, if the matter is not taken to court, a rural mediation or salish will
commence with the village elite sitting judge and pass a decision whereby the rapist and his victim are married; or
the victim is labeled a loose women and both she and the perpetrator either whipped, beaten with shoes or even
stoned; or the family of the victim are ostracised by the rest of the community. Whatever the social treatment after
the offence, the people who pass the decision are men, the marriage to her rapist will be fraught with domestic
violence and her father will be shamed for life. If the matter is complained of and see the inside of a court room, in
camera trials are there in legislation but may not always be considered. As a result, the victim is made to relive the
shameful event, in sickening detail, in front of a male Magistrate and a room full of (mostly) male lawyers and
criminals, despite a legal provision for in camera trials for victims of rape2.
Treating women as a ‘commodity’ is nothing new. Poverty happens to be the prime factor behind woman and child
trafficking from villages of the country's frontier areas. Other major factors behind the trafficking have been
identified as illiteracy, landlessness, over-population and low levels of income. Organised gangs of traffickers take
advantage of the crushing poverty of their victims and lure them away with prospects of job opportunities. Just like
in other parts of Asia, Bangladeshi girls from the villages are trafficked for about 1,000 US dollars and sold to the
sex industry. Trafficking victims, according to NGOs in Bangladesh,are lured into trafficking by false promises
(promise of better life/jobs, and marriage proposal or fake marriage), force (kidnapping), and outright trade (sale
done by people known to the victims such as relatives). They are vulnerable to trafficking schemes due to poverty,
gender -based discrimination on social protection, lack of information among the public about trafficking, weak
enforcement of existing relevant laws and policies, and general lack of good governance. The collapse of the
garment industries after September 2001 is noted for causing the increase in trafficking of women and children 3.
Introduction to the Course:
The course “Women, law and Legal Protection” is an attempt to highlight the various aspects of violence faced by
women in Bangladesh and the ways and means of legal protection from such violence and to seek justice. In order
to understand the topic, there is a need to also discuss issues of ‘patriarchy’ and the social status of women in
Bangladesh, the issue of ‘gender’ and gender relations and the reasons why women do not always get the justice
they seek. To highlight these issues, case studies will be referred to – both from the Dhaka Law Reports and cases
that have been investigated published by women’s rights organisations.
Topics to be Covered:
1. Women in Bangladesh: Social Status
Patriarchy
Customs, traditions, religious values
Social discrimination – public and private
Womens’ rights – early concept in Bengal and Bangladesh
Voting rights and attitudes
Women’s movements to improve social standing
Women in the public arena
2
Found in the Suppression of Repression against Women and Children Act 2000 (Amended in 2003).
See: http://www.hurights.or.jp/archives/focus/section2/2004/09/human-trafficking---a-new-form-of-slave-trade-inbangladesh.html
3
2. Women in Bangladesh: Legal Status
Constitutional guarantees
Religious/ Family Laws: Marriage, Divorce, Custody, Guardianship, Inheritance; Good practice/ Negative Practice
Penal Code: Relevant Sections: Causing miscarriage (312 – 316)/ Corrosive substances (326A) / Wrongful restraint
and confinement ( 339 – 346) / Kidnapping ( 359 – 373)/ Rape (375- 376)/ offences relating to marriage ( 493 –
498)/ Insult (509)
Suppression of Repression against Women and Children Act 2000 (Amended 2003) – with a brief history on the
earlier laws.
Dowry Prohibition Act 1980
Child Marriage Restraint Act
Labour Laws
Laws to prevent prostitution and trafficking in women and children
3. Violence against women: Realities Faced
Domestic violence: male attitudes, dowry violence
‘Safe Custody’ and Women in Prison
Rape and Rape in Custody
Acid violence
Sexual Harassment in the workplace – RMG sector, white collar sector
Trafficking in Women – Legal, Economic and Social implications
Implementation of laws – instances of lapses
Social taboos and ‘religious’ (mis)conceptions, including the misuse of fatwa.
4. Bangladesh in the Regional and International Arena
UNCEDAW
UNCAT
SAARC Convention to combat Trafficking
UNCRC
Breakdown of Marks:
Task
Assignment
Mid Term
Final Exams
Attendance
TOTAL
Marks
30
20
45
05 (as per University Rules)
100