Article 3
Protection against discrimination on the grounds of sex
13. The constitution of Bangladesh prohibits discrimination on the ground of sex. Bangladesh
has ratified the Convention to Eliminate Discrimination against Women (CEDAW) and is also
signatory to the Declaration on the Elimination of violence Against Women, 1993. Bangladesh
has enacted series of legislation such as the Child Marriage Restraint Act, 1929, the Dowry
prohibition Act, 1980; the Prevention of repression of women and children Act, 2000, the
Domestic violence (Protection and Prevention) Act, 2010. However, these laws remain largely
unimplemented due to lack of public awareness of these laws, male dominated social structure
and psychological barriers of women justice seekers. Therefore, discrimination and violence
against women continues unabated and remains a serious human rights concern in Bangladesh.
Many gender-specific violence against women still pervasive in Bangladesh.
In the State report, it is mentioned that equal right of women in regard to marriage and
dissolution of marriage is ensured.1 But in reality, under personal law, women still face
discrimination regarding marriage, separation and divorce. Muslim personal law allows
polygamy for men, contains limited provisions on maintenance and does not ensure women's
equal right to marital property during marriage and upon divorce. Hindu women can seek
judicial separation but the law does not recognise divorce. Bangladesh has established family
courts to deal with separation, divorce and maintenance cases. But delay at every stage of the
legal proceeding, non-execution of maintenance awards, and evidentiary challenges makes the
family court ineffective to some extent.
14. Bangladesh has made reservation to Article 2 and Article 16.(1)(c ) of the CEDAW on the
ground that they conflict with Sharia law based on Holy Quran and Sunna. These two articles
require the state party to enact new laws or amend all discriminatory laws that affect women's human
rights. However, these reservations are no longer justified as many Muslim majority countries,
including, Jordan, Kuwait, Tunisia, Lebanon, Maldives, Oman, etc., have placed no reservations
on Article 2. As a result of such discrimination, Muslim women are deprived of equal rights
relating to inheritance of property. Moreover, Bangladesh's reservation to Article 2 is in
contradiction with constitutional guarantees provided under Articles 10, 19, 27, 28, 29, which
say that the state shall not discriminate against any citizen on the ground of religion, race, caste,
sex or place of birth, and women shall have equal rights with men in all spheres of state and
public life. Article 16 (1) (c) of CEDAW deals with the right to inheritance of property. On the
other hand, under personal law, women of minority community are also deprived of property
rights. For example, under traditional Hindu law, Hindu women do not have inheritance rights
nor are the marriages of the Hindu community registered.
15. In Bangladesh, fatwa-induced violence against women often occurs by pronouncement made
in traditional shalish or other occasions in rural areas. Primarily poor and vulnerable women and
men in rural areas across the country have been subjected to whipping, lashing and beating in
imposition and execution of certain penalties, by private individuals acting without any authority
1
Para 44 of the State Report
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