INTRODUCTION
The role and status of women has increasingly become an issue of discussion in the 20 years since Bangladesh gained its independence from Pakistan. Although the 1972 constitution established equal rights for women and men in “all spheres of the State and public life” (Blaustein Jan. 1993, 41), violence and discrimination against women reportedly remain common features of Bangladeshi society (CCHRB Nov. 1992, 75; Country Reports 1992 1993, 1126; Encyclopedia of the Third World 1992, 113; White 1992, 137), despite the introduction of a number of reforms to address these problems (Country Reports 1992 1993, 1126; IWRAW Dec. 1992, 2; Khan 1988, 17; Lewis Mar. 1993, 18; Naripokkho Oct. 1992, 12). This paper will examine the current situation of women’s legal rights in Bangladesh and their practical application.
2. BACKGROUND
According to the World Bank, Bangladesh is one of the poorest and most densely populated countries in the world, and women have suffered disproportionately more from poverty than have men (1990, 7-9). Bangladeshi women live in a state of dependency as a result of poverty and a lack of education, employment and training opportunities (Khan 1988, 1). Many of the systemic disadvantages facing women cut across religious lines (New Left Review Mar.-Apr. 1988, 96; Naripokkho Oct. 1992, 10). Furthermore, as one source has pointed out, international aid programmes have only increased these disparities, both in Bangladesh in general and between men and women in Bangladeshi society in particular. By working within established distribution systems these programmes have tended to reinforce already existing patterns of discrimination in Bangladesh, and have placed “the target population…in the passive position of recipients rather than participants” (Tomasevski 1988, 5).
In accordance with the traditional Muslim practice of purdah, the seclusion or veiling of women, a woman was expected to stay within her bari or homestead and was discouraged from contact with anyone outside her close family (Wilson-Smillie Feb. 1990, 2; Huq 1989, 203-04; New Left Review Mar.-Apr. 1988, 102). This practice limited the social and educational development of most Bangladeshi women and restricted their access to employment opportunities (ibid.). Although the institution of seclusion is being challenged as poverty forces more and more women to seek employment outside the home (Huq 1989, 203-04; World Bank 1990, 7-8; White 1992, 23), the ideals of purdah–modesty, humility, domesticity and noninvolvement in public life–are still strong, even if physical seclusion is not as commonly practised (White 1992, 23).
A woman’s status is defined not only by gender but also by the occupation and income level of her nearest male relative (Canada 1992, 7; Khan 1988, 1; Wilson-Smillie Feb. 1990, 1-3). In general, Bangladeshi women are valued less than both children and property (Nessa Feb. 1988, 9). For example, men are generally fed first and most while women usually eat last and least (Canada 1992, 7; World Bank 1990, 13-14). Early marriage is a common practice in Bangladesh. According to the UN, 73 per cent of women are married and 21 per cent have had at least one child by age 15 (The Washington Post 14 Feb. 1993). Whereas the birth of a son is celebrated, the birth of a daughter is reportedly viewed as a “disappointment” (Naripokkho Oct. 1992, 13). Baby girls are given less food than are their male siblings and are therefore at greater risk of malnutrition and disease (Huq 1989, 204; Naripokkho Oct. 1992, 14; UNICEF 1992, 3; St. Petersburg Times 27 Oct. 1993). As well, parents may be less likely to seek expert medical care for a sick girl (New Left Review Mar.-Apr. 1988, 103; Naripokkho Oct. 1992, 14).
Women are disadvantaged in the field of education. In order to limit their contact with males, girls are often taken out of school when they reach puberty. The literacy rate for females is estimated at roughly 20 per cent, about half the rate for males (Naripokkho Oct. 1992, 17; UNICEF 1992, 13; World Bank 1990, xiii; Xinhua 21 Apr. 1992), despite government efforts to raise the level of literacy among females (Huq 1989, 204).
Although there are constitutional guarantees of employment equity, in practice women have limited job opportunities. Figures indicate that women comprise a near insignificant minority of both the agricultural and industrial workforce (ibid., 206). The government sector has been targeted for quotas and hiring initiatives, but these targets have not been met. Ironically, within the women’s affairs ministry itself, all senior posts are held by men (ibid.). The government’s latest five year plan (1990-95) is attempting to reduce gender disparities once again and has identified women as a target group in all social development programmes (Naripokkho Oct. 1992, 24).
Of seats in the national legislature, 30 out of a total of 330 have been reserved for women, and 37 seats are currently held by women (United Nations 28 May 1993, 57-58; Khan 1988, 22; Xinhua 1 Apr. 1991). As well, the UN notes that seats are reserved for women at the local and municipal levels (8 Apr. 1993, 33). Nevertheless, women’s participation in national and political movements in Bangladesh has been negligible. In the words of one observer, although in recent years two women have emerged as important political leaders in the country through their personal connections with deceased male political leaders of their respective parties, women usually do not participate in the political process (Khan 1988, 21-22).
This observation was recently corroborated by Reena Shah Stamets, a correspondent for the St. Petersburg Times (27 Oct. 1993). Both social norms and women’s lack of access to resources have been cited as obstacles to their participation in politics (United Nations 8 Apr. 1993, 33).