implementation of the Convention and Article 16(1)(c) guarantees that women enjoy the
same rights and responsibilities during marriage and at its dissolution.
14. Prominent roles of women in the agricultural sector, garments and textiles industries, have
contributed much to the economic development of the country. Bangladesh recognizes that
empowerment of women is significant for the economic development and women’s rights
have been in the forefront debates. Despite improvement women are still not equal with
their peers and it is an impediment in establishing the rights of women. They are still
chained to poverty, unequal access to education, health care and a subject to discriminatory
social and cultural norms. Despite laws and policies 12 aimed at women empowerment,
violence against women persists as an endemic problem 13 with an estimated 71.6 percent
of married women reported to have experienced violence. 14. Notwithstanding, the High
Court directive specific legislation on sexual harassment is yet to be adopted 15 and the
Commission strongly advocates for same.
15. Child marriage is prevalent in poor communities in rural areas and urban slums. Girls as
young as 12 years are given in marriage to avoid dowry16. UNICEF places child marriage
in Bangladesh under the age of 15 at 18% and under the age of 18 at 52% 17. The recently
enacted CMRA18 has emphasized on the best interest of child and the Commission played
a catalytic role to enact the law and advocate against marriage below 18. Despite
progressive steps such as enhanced penal sanctions in CMRA, public remain apprehensive
of Section 19 of the Act which provides for exceptional circumstances. This specific
section was added despite strong objections from the Commission. Thus, the Commission
is advocating to formulate Rules to ensure section 19 will be implemented under the close
supervision of a competent court of law and the ultimate decision lies with the court.
16. Discriminatory laws and practices to a considerable extent govern and determine women’s
rights within the family. Religion-based personal laws discriminate against all women with
respect to marriage, divorce, separation, maintenance, custody and guardianship and
inheritance.19 For example, under Muslim law, women are entitled to dower, stipulated as
a contractual term, but are rarely able to obtain settlements which reflect their actual
contribution to a marriage. Registration of marriages, second marriages and divorces, while
required under law are still not complied with in all cases. The law does not invalidate
12
Party to CEDAW, the Bangladesh legal framework on VAW consist of several laws, policies and action plans including, Women and
Children Repression Prevention Act 2000 (amended in 2003), Acid Crime Prevention Act 2002, Domestic Violence (Prevention and
Protection) Act 2010 and Rules of Precedure2013, Human Trafficking Deterrence and Prohibition Act 2012, Pornography Control Act
2012. In addition, the State has formulated National Plan of Action to Prevent Violence Against Women and Children 2013-2025 and
National Plan for the National Women Development Policy in the recent part to address VAW across the country.
13
Human Rights Council Report of the Special Rapporteur on violence against women, its causes and consequences 23 May 2013.
14
See International Centre for Diarrhoeal Disease Research, Bangladesh From Evidence to Policy: Addressing Gender-Based Violence
against Women and Girls in Bangladesh Dhaka, 2013. Almost two thirds (71.6%) of ever- married women experienced one or more
forms of violence perpetrated by their husband at least once in their lifetime- Survey by BBS Financialexpressbd.com/2014/03/08/22389 add title
15
ttp://www.law.georgetown.edu/rossrights/chapters/BangladeshWomenLawyers.html
16 Child Rights in Bangladesh, Mohajan, Haradhan (2014): Child Rights in Bangladesh. Published in: Journal of Social Welfare and
Human Rights, Vol. 2, No. 1 (31. March 2014): pp. 207-238. https://mpra.ub.unimuenchen.de/58424/
17
Child Marriage Restraint Act 2017 to practise no restraint, February 28, 2017, Dhaka Tribune,
http://www.dhakatribune.com/bangladesh/law-rights/2017/02/28/child-marriage-restraint-act/
18 Child Marriage Restraint Act No 6 of 2017
19
Faustina Pereira, The Fractured Scales: The Search for a Uniform Family Code, Stree, Calcutta, 2002.
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