It has been claimed that the national women’s development policy is the
holy combination of CEDAW charter, the constitution of Bangladesh along with the
Quranic scriptures. Now, the questions is, is it possible to coordinate these
three at all? Could such bizarreness bring women’s empowerment at all?
Our Digital state is busy making policies and regulations. We have already got a bunch of them. Education
policy, Labour Law, Health Policy, Coal policy, Gas policy, PSC draft and the
list goes on. Now we’ve got one more on the list: the National WOmen
Development Policy, which would be our subject of discussion for today.
The National Women Development Policy (1st section, 1st chapter) begins
by stating that women constitute a massive part of the population of the entire
country’ and thus, Women’s empowerment is an integral pre-condition for the
national development of the country. It is vital to ensure equal rights and
equal opportunity for all women in order to escalate national development.
It is to be noted that Chapter 4.1 of the first section of the policy
is titled as, “Charter for eliminating discrimination against women” (CEDAW
charter). Clause 17.2 of the second section states the vitality of taking
necessary action to eliminate discrimination against women. The 5th chapter of
the 1st section (Women’s right and constitution) restated the chapter 27th of
the constitution: Each citizen is to be considered as equal and is eligible to
obtain equal protection from the law of the country. Additionally chapter 27,
28(1), 28(2), 28(3), 28(4), 29(1), 29(2) and 65(3) of the constitution was also
mentioned.
It was expected by some that The Awami Leage government might just come
up with an historical women policy. At the least, AL would play the role of bit
of a genuine progressive. However, the fear of the Mullas always played a role.
Well, I was personally being skeptical. As the PM had been seen previously
begging for votes while wearing a hijab. We have also seen AL signing
agreements with religious fundamentalists like Khelafote Majlish. So it only
makes sense that the so called
‘progressive’ and ‘secular’ nature of AL has been a scam. The big question was:
In such context, what difference AL could make with the women’s policy?
Well I got my answer when I got the Women Policy 2011 at my hand. after
the hulabaloo crated by the likes of Amini, the big boys of AL along with the
PM herself began to justify their stand by saying it over and over that the
Women’s Policy does not contradict with the Islamic scriptures.
The attitude of AL in this particular matter made it clear that AL is
after Muslim votes than the progressive votes. Though there is nothing new in
this phenomenon, however, what is comical is AL’s confirmation that women’s
policy does not contradict with the scripture.
It’s been even claimed that it is going to established the clauses of
SIDOW as well.
Now a valid questions is: can one implement SIDOW act in the light
of religious scriptures?
The CEDAW act reaffirms the necessity of eliminating inequality against
women at all possible levels. Do the scriptures share the same piece of ideals?
Well, it would be fair to say that the scriptures in fact accommodates such
inequality, while downgrading the status of women, which indicates their
position in two opposite spectrums.
Now, let’s talk about the compatibility of Quranic scripture and the
constitution of Bangladesh. Chapters 27, 28(1), 28(2), 28(3), 28(4), 29(1), 29(2)
of the Constitution speak of equal rights among men and women. Does Quran
speaks of the same thing? The scripture does not perceive men and women as
equal. According to Islamic Inheritance law, the son gets double of the daughter,
one male witness equals to two female witnesses and the man is supposedly
entitled to physically offend his wife. This does not go along with the terms
of the constitution. Thus, it is fair to
say that the constitution itself suffers from severe contradictions.
The constitution reaffirms Islam as the state religion. It begins with
a Bismillah, and supports Muslim Family Law, and Muslim marriage law. The same
constitution assures the equality of men and women in the court, in the
judiciary process or in the elections.
According to the Women and Children Law, it is prohibited to physically
offend a woman or a child. However, the scriptures permit it. So it is clear
that the the CEDAW and the constitution cannot work as a supplementary to the
scriptures.
Then what is there in the Women’s Policy? How to rate it?
What is there in the National Women Development Policy 2011?
Firstly, lets analysis chapter 4.1 of the first section. The title goes: Charter for eliminating
inequality against women. However, strangely, it only contains the time, the
date and the process through which Bangladesh became a signatory of the act.
It seems to proudly claim that Bangladesh has been one of the first 10
countries to sign the charter. Nevertheless, a decade has passed by, inequality
still persists at all levels..
4.1. Charter on Abolishing Discrimination against Women
“Convention of the Elimination of All Forms of Discrimination Against
Woman (CEDAW) was adopted in the United Nations in December 1979 to eliminate
all kinds of discrimination against women in the state, economy, family and in
each area of family and social life and it came into effect on 3 September
1981. This document identified as the International Bill of Rights is
considered to be a full dress and self contained standard for the preservation
of rights of women. In 1984, Bangladesh ratified this charter and protected in
four sections: [2, 13(a), 16(a) and (f)]. Later, protections were withdrawn
from 13(a) and 16.1 in 1996. Bangladesh submits report to the United Nations
every 4 year as ratifying state to the Charter. The latest 6th and 7th periodic
reports were sent to the United Nations in 2009 and the report of GoB was
presented at CEDAW Committee on 25 January 2011.
Bangladesh has actively participated in almost all the forums in the
international arena and involved her in the global thoughts in the matter of
women development by signing important international charters and documents.
Bangladesh expressed her commitment in the attainment of Millennium Development
Goals (MDG) as it participated in the Millennium Summit Session held in 2000.
And at the same time Bangladesh signed also the optional protocol on CEDAW.
Bangladesh ranked as one of the first 10 countries in signing the protocol. In
addition, Bangladesh has expressed her commitment in undertaking multilateral
steps in areas of women development as a ratifying and signatory state to
various other important regional charters.”
In 1984, Bangladesh ratified this charter with protection in four sections:
[2, 13(a), 16(a) and (f)]. Later, protections were withdrawn from 13(a) and
16.1 in 1996. That means, still protections in sections 2 and 16(a)
have not been withdrawn. The logic behind the protection in sections 2 and 16
(a) is that they are against the scriptures of Quran and Sunnah!
Let’s have a look on article 2 and article 16 (a) of CEDAW charter:
Article 2
“States Parties condemn discrimination against women in all its forms,
agree to pursue by all appropriate means and without delay a policy of
eliminating discrimination against women and, to this end, undertake:
a.
To
embody the principle of the equality of men and women in their national
constitutions or other appropriate legislation if not yet incorporated therein
and to ensure, through law and other appropriate means, the practical
realization of this principle;
b.
To
adopt appropriate legislative and other measures, including sanctions where
appropriate, prohibiting all discrimination against women;
c.
To
establish legal protection of the rights of women on an equal basis with men
and to ensure through competent national tribunals and other public institutions
the effective protection of women against any act of discrimination;
d.
To
refrain from engaging in any act or practice of discrimination against women
and to ensure that public authorities and institutions shall act in conformity
with this obligation;
e.
To
take all appropriate measures to eliminate discrimination against women by any
person, organization or enterprise;
f.
To
take all appropriate measures, including legislation, to modify or abolish
existing laws, regulations, customs and practices which constitute
discrimination against women;
g.
To
repeal all national penal provisions which constitute discrimination against
women.”
Article 16
“1. States Parties shall take all appropriate measures to eliminate
discrimination against women in all matters relating to marriage and family
relations and in particular shall ensure, on a basis of equality of men and
women:
a. The same right to enter into marriage;”
It is to be noted that article 2 is the principal foundation of the
CEDAW charter. And therefore, it hardly makes sense to be a signatory of CEDAW
while skipping the clauses of Article 2.
On the other hand, Article 16 speaks of laws regarding marriage and
divorce. It specifically mentioned the equal rights among men and women in
matters relating to marriage. However,
due to the fear of going against the scripture, this particular part was omitted
as well.
Now isn’t it clear that a range of incompatible and contradictory
clauses are found in CEDAW and the Islamic scriptures? Same applies for Women
Policy as well.
They are speaking of Equal rights while skipping article 2 and 16!
Just after article 4.1 of Women
Policy-2011, we will get article 5: Human Rights of Women and the Constitution. There articles 27, 28
(1). 28 (2), 28 (3), 28 (4), 29 (1), 29 (2) and 65 (3) of the constitution of
Bangladesh have been stated.
Article 28 (1):
“The State shall not discriminate against any
citizen on grounds only of religion, race caste, sex or place of birth”.
Article 28 (3):
“No citizen shall, on grounds only of religion, race, caste, sex or
place of birth be subjected to any disability, liability, restriction or
condition with regard to access to any place of public entertainment or resort,
or admission to any educational institution.”
Article 28 (4):
“Nothing in this article shall prevent the State from making special
provision in favour of women or children or for the advancement of any backward
section of citizens.”
Article 29 (1):
“There shall be equality of opportunity for all citizens in respect of
employment or office in the service of the Republic”
Article 29 (2):
“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.”
It is nice to go through such fancy articles. However, the implementation
of it is far from reality. For instance, most of the articles are written during
1972. The matter of the fact is our constitution is filled with
self-contradiction. If we could rightfully apply the constitutional clauses,
Religious scripture based Family Inherence Law 1925, Family court Ac 1985, and
amendment 1989, or marriage related laws are not supposed to survive by now.
However, strangely, in the case of distribution of inherited property, the use
of Muslim Family Law(son gets double) or Hindu Law (daughters get nothing) has
outlawed the Universal family code Law.
Interestingly, though the Witness act 1972, and Agreement Act 1972 has
acknowledged the equality among men and women, according to Muslim Marriage
Law, 2 female witness is to be counted as equal to 1 male witness. Even more
outrageously, it outlawed the necessity of a female witness, in case of a
presence of two male witnesses.
It is to be noted that most constitutional clauses related to the the
Women Policy were actually written in 1972. Nevertheless it continued to remain
unchanged for the last 41 years. This is the same constitution which
accommodates Muslim-Hindu-Christian Marriage Law, or the Inheritance Law. The
matter of the fact is keeping religious clauses alive and aiming for women’s
right and equality does not really make sense.
Let’s look at the second section of the Women’s development act. The
aim of the women policy is stated as: “to ensure equality of men and women
in all sectors in light of the Bangladesh constitution.” However, as we
already discussed, the contradictory nature of the constitution itself inhibits
the struggle against inequality.
Let’s come to the 2nd chapter. This chapter could be considered as the
most important stride.
16. The objectives of National Women
Development (22 points)
17. Making sure Women's Human Rights and
Fundamental Rights (9 points)
18. Development of Female Children (8 points)
19. Elimination of all kinds of Children
Abuse (11 points)
20. Armed Conflicts and the State of Women (3
points)
21. Education and Training (3 points)
22. Sports and Culture (4 points)
23. Ensuring Active Participation of Women in
All National Economic Activities and Equal Rights (11 points)
24. Elimination of Poverty of Women (5
points)
25. Economic Empowerment of Women (2 points)
26. Employment of Women (6 points)
27. Making Gender Responsive Budget and
Gender Disaggregated Database (3 points)
28. Support Services (1 points)
29. Women and Technology (3 points)
30. Food Security of Women (3 points)
31. Women and Agriculture (4 points)
32. Political Empowerment of Women (9 points)
33. Administrative Empowerment of Women (7
points)
34. Health and Nutrition (11 points)
35. Housing and Shelter (3 points)
36. Women and Environment (3 points)
37. Security and Safety of Women and Children
in Pre, Post and During Disasters (10 points)
38. Special Programs for the Women of
Backward and Small Ethnic Groups 3 points)
39. Special Program for Disabled Women (6
points)
40. Women and the Mass Media (4 points)
41. Particularly Vulnerable Women Group (1
point)
Most of these issues either have already been placed in the formal law
books or received ideological support from the state level. However, the
implementation part has been neglected as it is. (For instance, the issue of
eradication of poverty of women, addressing existing inequalities among men and
women, establishing human rights for women, and eliminating all kind of torture
against women and girl children). Unfortunately, so far we have not seen the
‘big talk’s getting translated in the ground.
Let’s look at Clause 17.5 of the chapter on human rights for women. Its
about Not to make any kind of statements or take actions, either at local or
state level, based on wrong or misleading explanation of the religious scripture.
I wonder why in the world the gangs of Amini had to create so much
uproar against the Women’s Policy anyway.
Despite of the fact that even the high court of the country ruled
against Fatwa (waiting for the verdict of the appeal board), this Women’s
Policy could not demonstrate the minimum courage to outlaw Fatwa.
Let’s read a part of it. Its saying, based on wrong interpretation of
the religious scripture” one cannot take actions or make statements or take
actions which go against the interest of women.
What does it really mean by based on ‘wrong interpretation of the
religious scripture’? Then what is exactly the ‘right interpretation of the
religious scripture’? Or they actually believe that ‘the right interpretation
of the scripture’ is always pro-women anyway?
Interestingly, following the publication of National Women’s
Development Policy 2011, the family inheritance law was the most targeted one.
Mullas from all walks of life began to roar. The fear war clear: To block any law that ensures the equal
distribution of inherited property. A range of debates have taken place over
the issue. Even my mother was complaining one day: ‘Even the educated ones are
not willing to understand’. Apparently a
few old logics have been used over and over in favor of the inheritance law:
Its costly to get a daughter married, she leaves home after marriage anyway, … and
she is hardly making any losses as she is getting the husband’s portion as
well, and etc.
Now, it is important to note that I could not find a single clause in
the Women’s Policy that talks about ‘inheritance’ and ‘equal right’
simultaneously. Women’s Policy 2011 contains few clauses which give a false
impression of equal rights over the inheritance.
To ensure equal opportunity and partnership of women in property,
employment, market and business and to ensure rights of full control over the
assets earned through inheritance, loans, land and market management.
Interestingly, according to the provisions of 23.2, property does not
merely indicate inheritance. Article 25.2 has mentioned inherence, however the
term ‘equal rights’ is missing. Instead it talked about ‘full control of
women’. Clearly, it does not indicate anything regarding the nature of
distribution of property, rather ensuring women’s full control over the already
distributed property. This is scam itself. It is only good for creating an
eye-wash of equality.
So, first we have seen the ruling party creating an eye-wash of
‘progressiveness’ by propagating the Women’s Policy as a genuine change
maker. Yet, the moment the Mullahs made
an issue out of it, they began to justify it by saying, the policy does not
contain anything that is contradictory to Islam
There is nothing much to say regarding the statements of the Ministry
of Religion. Something that is noticeable is the over-use of the Arabic terms
‘Bismillah’ and ‘Assalam’, indicating a purely hypocratic face of the so-called
Secular Awami League.
Well, if we remember, it is the same party that once aliened with
Islamic parties like Khelafat Mazlish. It even once attempted to ‘halalazied’ Fatwa.
And some of us are still under the impression that they are ‘Secular’ and
‘progressive’!
I personally feel, the stature of women would not change. This Women’s
Policy thingy is nothing more than a strategy to get some attention from the
donors. Also the NGOs might have a role to play here. No matter what it intends to do, I don’t feel
much optimistic about it. Meaningful development and equality for women would
require a ‘human’ status to women. And it is only possible when the patriarchal
superstitions would be dissolved. However, since the male-made religious
scriptures support and accommodate such patriarchy, the only way to achieve
equality for women is to take a bold stand against all such religious
conventions, whether Quranic, Vedic, or
Biblical. Obviously, the Women’s Policy 2011 was not bold enough to take the
challenge. However, the claim, that it was women policy -2011 which initiated
all kinds of equal rights convention, is misguiding. On the contrary, our old
achievements of the movement on women rights have been downgraded as the ruling
party’s attempt to appease the Mullahs by ensuring them that there is no
conflict between this policy and Quran & Hadith, has weakened the morale of
the ongoing women’s movement. At the end of the day, only the conviction is
re-established that you can’t go against the scriptures.
Translated by: Maha Mirza
