Bangladesh has made a commitment to gender justice through its acceptance of International instruments and constitutional guarantees But its formal commitment often conceals the persistence of discriminatory standards This is evident from Its (al reservations to the International Instrument, and (bl protective or contradictory provisions in. the Constitution In matters relating to personal (family) relations, women s Ilves are deeply affected by personal laws based on rellgious/ethnic Identity which are grounded in principles of Inequality

International

Instrument of Rights

The UN Convention for Elimination of all Forms of dis crimination against Women (the Convention) is a landmark document for women It provides a comprehensive obligation to eliminate discrimination tn all spheres of life. which is untver sally binding. In particular. it has made dtstfrlmtnatton tn per sonal relations an issue for pub

A Framework of Rights for Women

hy Hameeda Hossain

lic debate It has brought inter national standards of women s rights to bear upon domestic legislation and policy relating to gender equality." says the Alternative Report on Implementation of United Nations Convention for Elimination of all Forms of Discrimination against Women in Bangladesh Dhaka. 1992.

But the application of the convention has been restricted by the GOB's reservations to ar tides 2. 13 fa) and 16 (1) c A f on grounds "of their conflict with Sharia law based on the Holy Qu^an and Surina. which has practically nullified the earlier ratification, since reservation to article 2 would appear to be incompatible with the objects

GOB s specific reservations to UNCEDAW on grounds of their conflict with the Sharia constitutes an Insuperable obstacle to implementing these provisions. It is unclear why 13 (a), relating to family benefits, should be considered to be violative of Sharia; since GOB has earlier effected significant re forms through both its judicial and legislative organs to indicate that It does not consider the Sharia as immutable there is lit lie Justification for not ratifying Art. 16.1. Women have argued that the Convention needs to be ratified in full. Moreover, all laws are made for the greater interest of the people. and the withdrawal of reservations to art 2, 13(a) and 16.1 (c) A (fl would be in the Interest of the principle of equality. and of 50% of the population.

Policy measures specified In the Convention for equal access to employment, education.

health, protect human rights as well as for elimination of sex stereotyping etc have yet to be enforced and a system devised for effective monitoring.

Rights Under the Constitution

In the Constitution equality standards enunciated under articles 19.27 and 28 have laid

down principles of non-discrimination.

Notwithstanding the equity principles (shown tn the Box), article 29.3 appears to perpetu ate discrimination through gen der segregated division of labour. A specific directive for political participation through selection of members for a number of seats by members of

the parliament would appear to detract from the popular partic ipation of women Citizenship rights are derived through patri lineal and marital relationships Absence of a mother s right to confer confirms her subordtna tlon

Personal Laws

Personal laws on questions of marriage, divorce. Inheritance and custody are clearly discrim inatory. The recourse to religious laws not only maintains differences between communi ties but It legitimises gender Inequalities

Several religious codes of law practised tn Bangladesh have granted men superior rights in marriage, polygamy, divorce and inheritance Although some legal reforms and punitive laws have attempted to redress the situation, customary practice has failed to ensure conformity with the given standards. Violations by men have resulted in a rise in desertion and acts of violence. In these circumstances the .burden of family survival In an insecure environment has fallen mainly upon women

Weak enforcement mechanisms have led to violations and a tendency to by pass legal procedures. Thus the condition of registration IS often neglected due to costs or ignorance The importance attached to marriage as a social necessity neglects the rights issue.

Monitoring Indicators

The efficacy of laws Iles in their enforcement. This can bqpt be tested by regular monitoring by women's rights groups, and

brought to the attention of legis la tors and law enforcement agencies Monitoring of registra tlon of births marriages and di vorce in particular, will prevent many subsequent violations of the law

Women’s Concerns

• To withdraw GOBs reser vatlons to the (JN Convention on the Elimination of All Kinds ol Discrimination against Women

• To extend constitutional guarantees of equality to womens personal lives, a Uniform Personal Code should

repl.u e lhe existing gender disparities between communities. This would entail an extension of the principle of uniformity given in the civil code to the personal code

• In particular a strong demand has been articulated for abolition of polygamy which has encouraged marital and social anarchy visible in an increasing Incidence of desertions, a proliferation of families and children and the prevalence of female headed households esU mated at 7 2% of rural house holds (Some studies have Indicated a higher proportion of 2 I 2% of poor rural households being female headed )

• To extend access to legal aid and awareness of legal rights to deter violations particularly violence against women

The writer is associated with Ain O Saltsh Kendra, a human rights and legal aid centre