Customary Laws, Norms and Practices in Bangladesh: by Plan Nederland

Customary Laws, Norms and Practices in Bangladesh: Gender Based Violence Perspective

(Final Report)

Md. Tajul Islam Md. Rokon Uddin

7 April 2013

Girl Power Project (GPP)

Plan Bangladesh (Country Office) House# 14 CWN (B), Road# 35 Gulshan-2, Dhaka-1212 1

Table of Content Abbreviations ………………………………………………………………………………

Executive Summary ..................................................................................... ..........................

Part I

Chapter 1: Background .......................................................................... ...............................

Chapter 2: Review of secondary articles/materials ................................................................

Chapter 3: Research Methodology …………………………………………………………

Part II: Study Results and Discussions

Chapter 4: Study Result, discussion and gap analysis ..........................................................

At a Glance: List of Customs, Norms and Practices against particular GBV .......................

The practice of considering wives as the property of husband after marriage…………...

Minor violence or violence at initial stage is not considered as an offense ………………..

Prime responsibility of the wife is to satisfy her husband ………………………………….

The practice (social tendency) of blaming the victim ultimately defends the perpetrators ...

Poverty: Violence in poor families is tolerated as usual, but not as serious

Incidents of violence are not published due to fear of humiliation and disgrace

Individual protest by the victim increases further violence ………………………………..

Protest against husband incites suspicion of having extra-marital relation ………………..

Girls give their consent to prove that they do not have love affairs with other places ……..

Disagreement or conflict with husband or in-laws justifies torture to husband ……………

When violence to particular woman happens regularly or frequently, nobody cares ………

The ‘apprehension of being divorced’ forces women not to protest against violence ……..

The practice of polygene influences violence in various ways …………………………….

Practice of completely dependency of wives on their husbands ……………………………

Unconscious or no family-planning contributes in physical torture ……………………….

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After child marriage of girls, they are expected to act like adult …………………………...

Man try to express or to maintain their authority over the family whatever force is required …………………………………………………………………………………….

Addicts and gamblers lose conscience to be well-mannered with their wives ……………

As conjugal life gets older, the tendency to torture wives increases ……………………….

Women are tortured if the demand for dowry is not fulfilled ………………………………

Women are strictly restricted to contact or to make affiliation with man outside family …..

Strong social tendency to give the victim in marriage to the rapist or stalker ……………..

Female sexuality and virginity of unmarried women is considered as women’s family honor ………………………………………………………………………………………..

Miscarriage of justice encourages the torturer and discourages victims to seek justice/ Women’s opinions are not accepted but suppressed ………………………………………

The practice of immediate cleanliness (after being raped) sweeps away medical evidence

Porn videos are available digitally at local computer shops ……………………………….

Girls with absence of guardian are targeted for violence …………………………………..

Men try to exclude women from participating public forums ……………………………..

Gender insensitive environment at work place inopportune girls to be sexually abused …..

Nature of movement required by particular jobs makes girls vulnerable to sexual violence

Repeated rape by blackmailing to circulate the video document of first rape ……………..

Stalking is considered as a credit by boys ………………………………………………….

As long as daughters are remained to marry, neighbor’s tantalizing continues …………….

Nothing to bother if the bridegroom is highly demanding, especially foreign migrant ……

Demanding bridegrooms choose girls of tender age for marriage ………………………….

Love affairs at childhood …………………………………………………………………..

Early marriage requires less amount of dowry …………………………………………….

Raising the age in the birth registration from Union Council or Notary Public to legalize early marriage ……………………………………………………………………………..

Neighbors and public representatives resist less because of their relation or vote bank …...

Demand of daughter decrease in marriage market as the age increases ……………………

Parents prefer early marriage if the girl is not good at study ……………………………….

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Girls opinion is not valued but suppressed …………………………………………………

The pre-requisite of marriage is dowry …………………………………………………….

It looks unsocial to ward of new bride as well as son-in-law in empty hand ………….....

The belief that gifts are used by the daughter which make her happy ……………………..

Gifts are more important than the bride herself to the people at or around husband’s house

As the dowry increase, it increase the social status of bride, bridegroom and his family ….

The practice of depriving women from inheritance ………………………………………..

Dowry compensates the lacking of a daughter ……………………………………………

Match-makers who demand commission on the amount of dowry ………………………...

Chapter 5: Some Case Studies of GBV .................................................................................

Chapter 6: Comparative Position of the Issues which promotes GBV and Discrimination ..

Chapter 7: Recommendations ...............................................................................................

100

References ………………………………………………………………………………….

104

Annex ……………………………………………………………………………………….

106

Abbreviations CAT CBO CEDAW CPG CRC CSR DV FGD GBV GRA GPP ICCPR ICRW IDI IESCR KII NGO OP PHR UDHR UN UP UPR VAW

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Community Based Organization Convention on the Elimination of All Forms of Discrimination against Women Community Protection Group Convention on the Rights of the Child Corporate Social Responsibility Domestic Violence Focus Group Discussion Gender Based Violence Gender Relation Analysis Girl Power Project International Covenant on Civil and Political Rights International Centre for Research on Women In-depth Interview International Covenant on Economic, Social and Cultural Rights Key Informant Interview Non Government Organisation Optional Protocol Protecting Human Rights Universal Declaration of Human Rights United Nations Union Parishad Universal Periodic Review Violence Against Women

Executive Summary:

Reviewing the available literature, the magnitude of gender based violence (GBV) has been found highly prevalent in Bangladesh spurring various patterns and extents. Trends and evidences show that patriarchal framework is deeply rooted behind these violence leaving women into disadvantaged positions that require qualitative approach to reveal. In other words, the patriarchal mind-set (resulted into practice) of both man and woman construct social and structural framework where GBVs are prevalent.

The present study aimed at identifying the underlying social practices and norms that engender genderbased violence (GBV) and also some practices that may be helpful in combating GBV. Under this study a qualitative method was followed which included primary data collection from six districts including a total of 174 respondents using 36 IDIs, 12 FGDs, 18 KIIs and observation techniques. Though the respondents consisted of both males and females covering all age categories, and diverse geographical as well as occupational background, the study was focused on the issues under discussion regarding girls and women of 10 â&#x20AC;&#x201C; 24 years. An analysis of norms and practices in the perspective of GBV is discussed in this report in line of particular themes (e.g. physical and sexual violence, violence related to marriage), its correlations with various social aspects, and gaps within the existing legal framework.

Physical violence The study revealed that in most cases physical assaults are committed by husband against his wife. In few cases, young girls are beaten by their elder brothers as controlling mechanism, which has been found as power relations of male over female members of a family. The dominant belief of owning wife as property under sole and unquestionable guardianship of husband upholds husbandâ&#x20AC;&#x2122;s expectation of complete obedience over his wife that influences physical assault, trafficking and conjugal rape. Behind the wall of privacy, families do not allow infringement by outsiders even in case of conjugal belligerence and violence associated to it. Under the shadow of seclusion, wives do not enjoy their right to share opinions or contribute in decision-making. In such client-patron relationship, wives disobedience or reaction invite assault by their husbands. For instance, inability to complete household chores immaculately, inability to fulfill dowry demand in time, movement outside home, communicating male outside family or conflict with in-laws tempt the husband to batter his wife. When torture in particular family happens regularly, nobody cares to that particular wife to protect her perceiving it as normal. Especially, the apprehension of being tortured more, being divorced, or husbandâ&#x20AC;&#x2122;s possible second marriage forced the victim to be reticent and not to protest against GBVs committed by husbands. In 6

particular, the status of divorced mostly frightens the women because it pushes women into more disadvantaged social situation. At the same time, for acid throwing, the social practice to value human physique rather than the human itself motivates offenders to commit such crime to disfigure the women in order to ensure her death from social life. To demonstrate the practices behind trafficking, the inclination for being out of poverty, unquestionable authority to take away wives anywhere and expected income differential from rural to urban constructs a socio-psychological avenue where endeavors of human trafficking are available.

However, in a gender relation, and with same degree of relation, women are entitled with equal dignity and rights. International human rights law, i.e. UDHR, ICCPR, and CEDAW, affirmed the equal dignity and rights as inherent and inalienable for all members of the human family and should not be separated or divided and subjected because of marital or gender relation. Article 28 of the Constitution also guaranteed that no differential treatment or discrimination can be made only on the ground of race, caste, religion, sex or place of birth and the women have the equal rights in all spheres of life. Again Article 31 bestows fundamental right to life, liberty, body, reputation and property and any actor, state or non-state, cannot by unreasonable or arbitrary action or inaction deny these rights. Therefore, a womanâ&#x20AC;&#x2122;s life, liberty and reputation cannot be washed away for the sake of mere existing practices under marital relation. Though the study shows that the minor torture by husbands is not considered seriously, however by law, any torture, either minor or critical, is a physical assault constitutes a crime and punishable under the national laws as well as the violation of fundamental human rights avowed in most legal instruments.

Sexual violence Incidents of sexual violence (rape, conjugal rape and sexual harassment) do not come into light because of fear for losing personal and familial dignity. Female sexuality and virginity of unmarried women is considered as a symbol of family honor. Any transgression engenders humiliation to the victim, but not the wrong-doer. Especially, sexual violence by close relatives is tried to keep closed within the family. In an incident of sexual violence (if disclosed to public), people start to incriminate the victim (woman) and her family for such incident. From the perspective of wider society, chastity (or virginity) can only be surrendered or exposed to a particular man, i.e. womanâ&#x20AC;&#x2122;s husband. Therefore the social construction of impurity caused by rape (and sometimes sexual harassment) makes the victim unmarriageable unleashing only option to give her in marriage to the perpetrator. This tendency leaves no deterrent effect on but indirectly encourages the perpetrator. The influence of porn movies and adult contentâ&#x20AC;&#x2122;s availability in digital form in mobile or computer shop is also widespread. In addition, the practice of immediate 7

cleanliness to remove impurity after being raped ruins medical evidences makes it difficult to prove the case in the court. Another sexual violence, the conjugal rape, highly prevalent incident, is accepted as the husband’s right over wife to gratify desire and wife’s responsibility to serve it to her husband. There is a conventional but misleading perception of people regarding sexual violence that the main reason of rape is disobeying the rule of Purdah.

From legal analysis, sexual violence (especially rape) is recognized as the most brutal forms of violence against women and gross violation of human rights. By concealing and/or compromising these crimes, the society and the family members violate the human rights of the victims which impairs the enjoyment of women’s right to life and liberty, right to free from violence, right to equality before law, right to freedom of choice, right to seek redress, right to fair trial etc. entrenched under international Bill of Human Rights. According to our existing national laws, nobody is authorized to compromise this non-compoundable crime1 and the persons, including Matabbor [Local Power Stakes] or Shalishkar and family members, who engaged in the process of compromising or concealing, can be brought criminal charge against them2. Insecurity of the whistle blowers including the victim and witness has been found as refraining factor in the path to ensure justice at community. Marital rape, once ignored by national and international law, is now defined as GBV by the international law3 and a violation of fundamental human right and gradually incriminating by the national laws. Our national law recognises it as crime in an exceptional circumstance4 but widely ignored.

Violence related to marriage The mandatory norm of marriage brings social identity to women. Girls are considered as burden for parents until marriage, especially in poor families. A girl’s mother continues to remind her husband (girl’s father) about their daughter’s marriage from very early age. Parents begin planning to give their daughter in marriage early. As long as daughters are remained to marry, neighbors continue to tantalize girl’s parents. At the same time, bridegrooms choose girls of tender age for marriage. Likewise, child marriage demands less amount of dowry. On the other hand, as age increases, the demand of a girl in the marriage market diminishes. Again, parents prefer early marriage if the girl is not good at study. The recent trend of love affairs, and self-initiated marriage, at childhood make families forced to give their daughter in marriage early because extra-marital love affairs or self-initiated marriage is not accepted to society. 1

Section 345 (7) of the Cr.P.C Section 118, including other sections of the Penal Code, 3 Article 2 (a), UN Declaration on the Elimination of Violence against Women, 1993 4 Section 9(1) of the Nari O Shishu Nirjaton Daman Ain, 2000 (Women and Children Oppression Restrain Act ) 2

Again, neighbors and public representatives do not protest child marriage because of their kith and kin and/or vote politics. The practice of manipulating (increasing) the age in the birth registration from Union Council or by Notary Public legalizes early marriage to the parents. Most of the time, girls do not have enough courage to protest against the familial decision of her marriage. However, if girls do not agree to marry, neighbors and relatives come forward to convince her. Sometimes, girls are compelled to consent as symbol of proof that they do not have any love affairs with others. However, the international law as well as the customary law allows mandatory requirement of ‘free and full consent’ of the intended parties to institute a marriage.

Available legal instruments recognize father is the natural guardian of a girl and he is legally bound to provide maintenance until the attainment of majority, and thereby they should not consider girl child as a burden ignoring their legal accountability of guardianship. Again Bangladesh government, align with human rights standard, have fixed the eligibility age to enter into a marriage contract as 21 years for men and 18 years for women5 and it is applicable for all religions6. However, the study findings shows that the Authority, in some cases, issue birth certificate concealing the accurate age of a girl to persuade child marriage which is a crime and punishable under the law7.

Interestingly the study has recorded the recent shift of terminology of dowry to gifts in every cluster of the society whether rich or poor, educated or uneducated. Whatever the term is being used, dowry is there in almost every marriage. In Hindu families dowry is mandated by custom perceiving it justified. Therefore, if the demand is not settled up to expectation, marriage is not be finalized. Actually, dowry compensates the lacking (ugliness, black, short, less educated, etc.) of a bride. Parents believe that the gifts will be ultimately used by the daughter which will make her happy. The practice of depriving women from their deserved inheritance even makes brides pursuance to get as much as possible during the marriage. At the house of the bridegroom, gifts (dowry) are more important than the bride herself to the people at or around husband’s house. The higher the dowry, it hikes the prestige of bride as well as bridegroom among other members of the husband’s family. In many cases, miserable situation is raised if there is not enough dowry given to bridegroom. In case of torture or unhappiness caused by not fulfilling the dowry demand, society pressurizes to bride’s parents to fill the demand soon instead of reacting against the husband’s demand. There is another practice by match-makers trying to draw high amount of

the Child Marriage Restraint Act, 1929 Section-1(2) of the Child Marriage Restrain Act, 1929 7 Section 21 of the Birth and Death Registration Act, 2004 6

dowry from bride’s family so that they can take higher commission upon total amount from the bridegroom’s family. Dowry (money or property that the bridegroom or his family demands and receives from the bride’s family as consideration of wedding), a derogatory practice which violates women’s fundamental human right and dignity, a pre-requisite in almost every marriage (study shows), is a crime and punishable under the law8. However, lack of ‘independent witness’ impede the prosecution significantly and most of the perpetrator is discharged.

There are some practices that influence almost all types of violence against women. The practices of corruption and abuse of power, excluding women from decision-taking forums, etc., influence GBV violence. The victim has long been discouraged to seek justice, and the offender becomes encouraged to torture more. Similarly, nobody wants to protest against GBV in cases where powerful/ influential people are involved. Again, the construction of social insecurity strengthens by widespread media news of GBV around the country.

Section – 3 & 4 of the Dowry Prohibition Act, 1980

Part I: Background and Methodology Chapter 1: Background Chapter 2: Reviewed secondary articles/materials Chapter 3: Research Methodology

Chapter 1 Background

Violence against women and girls is one of the most prevalent violations of human rights all over the world that kills, tortures, and humiliate – physically, psychologically, sexually and economically. It is one of the most pervasive of human rights violations, denying women and girls’ equality, security, dignity, self-worth, and their right to enjoy fundamental freedoms. Violence against women is present in every country, cutting across boundaries of culture, class, education, income, ethnicity and age. Even though most societies proscribe violence against women, the reality is that violations against women’s human rights are often sanctioned under the garb of cultural practices and norms, or through misinterpretation of religious code of belief. Globally, up to six out of every ten women experience physical and/or sexual violence in their lifetime. A World Health Organization study of 24,000 women in 10 countries found that the prevalence of physical and/or sexual violence by a partner9.

Violence against women and girls has far-reaching consequences, harming families and communities. Gender-based violence not only violates human rights, but also hampers productivity, reduces human capital and undermines economic growth. Countries have made some progress in addressing violence against women and girls. According to the UN SecretaryGeneral’s 2006 In-Depth Study on All Forms of Violence against Women, 89 countries had some legislation on domestic violence, and a growing number of countries had instituted national plans of action. Marital rape is a prosecutable offence in at least 104 States, and 90 countries have laws on sexual harassment. However, in too many countries gaps remain. In 102 countries there are no specific legal provisions against domestic violence, and marital rape is not a prosecutable offence in at least 53 nations10.

Cultural pretexts are used worldwide to tolerate or justify discrimination and violence against women. Indeed, our society is built on patriarchal foundations, giving men the dominant and 9

UNWomen, http://www.unifem.org/gender_issues/violence_against_women/index.html (April 7, 2013) In-depth study on all forms of violence against women Report of the Secretary-General (2006), available at (http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N06/419/74/PDF/N0641974.pdf?OpenElement) 10

active role. We also have customs and religious practices that make them more patriarchal. Traditional cultures, those that have been less integrated into globalization, tend to have more deeply entrenched social norms of what is to be expected of women in the society and in the household. In this society where gender inequality takes broader and deeper-rooted expressions, females are left with little capacity to participate in decision-making and thus are more prone to be victims of gender-based violence. This is the case in much of Bangladesh.

Gender-based-violence (GBV) is a form of violence, which the victims undergo above all else because of their sex and their Gender identity in the society. It is a complex social phenomenon, deeply rooted in existing gender power relations, sexuality, self- identity and, the structure of social institutions. Three elements to differentiate GBV from other forms of violence including against women: 

Violence is directed against women because they are female: sex discrimination;



Imbalanced gender relationships and distribution of power between the perpetrator of (man) and the survivor to violence (woman), characterized by the duality: supremacy ofsubmission to; recognized gender roles, distribution and status;



Those acts of violence are mainly neglected and ignored because they are considered as gender norms and values and as part of private life: the social tolerance (culture of silence/private life).

The customs and norms of Bangladesh, which became an independent country after 1971, have been influenced by its origin as East Bengal in India. While East Bengal had a Muslim majority population, it had close cultural links with West Bengal and with many facets of the social mores of Hindu in India, resulting in a fusion of Bengali culture and Islamic beliefs. Muslim and Hindu traditions continued to have social acceptance even after the independence. However, there is concern that the influence of strident Islamic countries in recent decades has created a “grassroots religious (Islamic) consciousness” that drives as a countervailing force in social norms. In consonance with the liberal outlook, the Constitution of Bangladesh upholds the principle of the equality of men and women and prohibits discrimination against women. Laws have been introduced to protect the legal rights of women and to prevent violence against women. But, it appears the customs, norms and cultural practices that affect women as victim of 14

violence is not reducing by the effect of these laws and policies due to the traditions and customary procedures continue to determine behavior and action.

As a result, in Bangladesh, there is variety of customary laws and norms are in practices. It includes community rules on marriage, divorce, inheritance, child custody etc. According to a recent study (2011)11, more than half the women reported experiencing physical and/or sexual violence in the last 12 months and 53% of women reported having experienced either physical or sexual violence or both. Most common form of violence experienced during childhood is physical violence, reported by 79% of women. About 23 percent of women cite family problems as a reason for spousal violence, and an additional 14 percent cite money related problems. 1 in 4 women strongly agree that there are some situations when it is acceptable for a man to beat his wife, with the most acceptable reason being disobeying husband and a total of 27% of women strongly agreed the reason. More than a fourth of women hold gender inequitable views about women’s and men’s roles and attributes. Whatever the reasons were there cited by the respondents, it is clear that in every incidents of GBV has direct or indirect connotation of customs, norms and practices prevailed in the society. Another study12 also demonstrates that 53% of urban women and 62% of rural women experienced physical or sexual violence by their husband. The high prevalence contributes to social condoning of GBV. It is significant to understand customary practice that the Bangladesh Demographic and Health Survey (2007) found that 36% of women and men believe that wife beating is justified in certain instances; while in rural villages it is 75%-100%. Other contributing factors to GBV prevalence are the high rates of child marriage and the widespread practice of dowry.

Girls and young women are the worst sufferers of different forms of abuses and violence (such as bullying, beating, stalking, child marriage, sexual harassment, acid throwing etc.) in family, community, educational settings and workplace. Girls in Bangladesh are discriminated socially 11

Baseline Survey Report (2011), Protecting Human Rights Project (PHR), Plan International USA, Inc. García-Moreno, Claudia & Others (2005), WHO Multi-country Study on Women’s Health and Domestic Violence against Women, WHO Press, Switzerland. 12

and by customs. There is an imbalance between gender specific expectations in family and society. Boys are often given priority when it comes to access to education and investment while girls often perform household works. In addition, religious or cultural beliefs impose social restrictions on girls, limiting their mobility and participation. Despite their enormous strength and potentiality, the contribution of girls and young women to families and societies is highly underestimated. The Girl Power Project operation has been started in October 2011 to improve the above situations in Bangladesh. In the current situation, it is essential to have in-depth knowledge on customary personal laws that have a co-relationship with the interventions.

On the face of this background, the existence and influence of customary laws, norms, and practices are revealed that need for further understanding to promote mitigating interventions regarding GBV. Therefore, the present study will intend to investigate the present practices of customs and norms that hinder the protection of girls and young women from being victimized of GBV in order to minimize research gaps and concurrent practices.

Objectives of the study: The study followed specific objects delineated below: General objective of the study The general objective of this study is to identify and analyze customary laws, norms and practices that influence protection of girls and young women from gender based violence and discrimination in order to improve project intervention and policy advocacy for better protection.

Specific objective of the study a) To identify and draw the existing customary laws, norms and practices in Bangladesh irrespective of community, geography, society, religion and culture; b) To analyze the interrelationship and influence of existing customary laws, norms and practices on gender based violence and discrimination; 16

c) To analyze the gaps and conflicts of customary laws, norms and practices with the national and international laws and policy standards.

Chapter 2 Reviewed secondary articles/materials

Social context of gender based violence in Bangladesh: Gender based violence is purposeful and commonly used as a form of control, the assertion of one member above the others. Violence against women is a common occurrence in most societies, either physical, emotional or economical, especially where patriarchal mind-set is deeply embedded. In South Asia, it is a daily and often deadly fact of life for millions of women and girls. In words of Marcus (1993) violence against women in Bangladesh is accepted, tolerated and “in certain prescribed forms and given contexts” it is legitimated. Marcus quoted Jahan (1988) to relate the fact that “gender inequality, leading to gender violence, is deeply embedded in the Bangladeshi social structure; all Bangladeshi social institutions permit, even encourage the demonstration of unequal power relations between the sexes”.

Women and girls are generally trapped within cultural framework and molded by rigid perceptions of patriarchy (Khatun and Rahman, 2012). The legitimisation of male violence, allows it to be seen (by women as well as men), as a deserved response to female transgression into male control (Baden, 1994). As a result violence against women is viewed as a normal phenomenon even from the views of women.

Patterns and extent of gender based violence in Bangladesh: Habiba Zaman (1999) argued against a popular assumption in Bangladesh is that violence against women is pervasive only among poor and working class people. But the facts tell a different story. Violence against women cuts across the boundaries of age, education, class, caste, and religion. The existing social, economic, and political structures, such as property rights, state laws, policies, and discriminatory treatment along gender lines, are exploitative in nature and ultimately deny women their socioeconomic autonomy at every stage of their lives. Subtle yet overt forms of violence are used on various occasions and at different stages of women’s lives.

When women accept violence and report more conservative views on other gender norms, they are less likely to experience it, but when men believe it is acceptable to be violent they seem to 19

practice it as well. Poverty is associated with an increased risk of spousal violence against women. Women who have been married at a younger age are at higher risk of violence. Purdah seems to have no association with violence. In keeping with the popular perception, women whose families have paid dowry have a higher likelihood of experiencing violence. Certain geographical areas are associated with a much higher level of violence against women. WHO reports that Bangladeshi women are among the least likely to seek help against violence and when they do, they go to informal institutions (Whispers to Voices, 2008).

Khatun and Rahman (2012) revealed that Bangladeshi women suffer multiple forms of violence including domestic violence, rape, dowry deaths, sexual harassment, suicide, forced marriage, trafficking and other psychological and financial oppression. Wahed and Bhuiyan (2007) also found that the types of violence against women commonly committed in Bangladesh are domestic violence, acid throwing and burning, sexual harassment and indecent assault, rape, kidnapping and abduction, trafficking and importation for immoral purposes and forced prostitution.

The reasons mentioned for abuse were trivial and included questioning of the husband, failure to perform household work and care of children, economic problems, stealing, refusal to bring dowry, etc. The factors associated with violence were the age of women, age of husband, past exposure to familial violence, and lack of spousal communication (Wahed and Bhuiyan, 2007).

Researchers also observed that the majority of abused women remained silent about their experience because of the high acceptance of violence within society, fear of repercussion, tarnishing family honor and own reputation, jeopardizing childrenâ&#x20AC;&#x2122;s future, and lack of an alternative place to stay. However, severely abused women, women who had frequent verbal disputes, higher level of education, and support from natal homes were more likely to disclose violence. A very small proportion of women approached institutional sources for help and only when the abuse was severe became life threatening or children were at risk. Interestingly, violence increased with membership of women in micro-credit organizations initially but tapered off as duration of involvement increased. The high acceptability of violence within society acts 20

as a deterrent for legal redress. Effective strategies for the prevention of violence should involve public awareness campaigns and community-based networks to support victims.

Domestic violence: Domestic violence (most frequent form of GBV) grows out of inequality within marriage and reinforces male dominance and female subordination within the home and outside it. In every country where reliable large-scale studies have taken place, domestic violence has been found to be by far the most common, widespread and far-reaching form of gender based violence. Violent behaviors such as beating, pushing, slapping or throwing things by family members are considered domestic violence. Domestic and intimate partner violence involves physical, sexual and emotional abuse against women in the home, within the family or within an intimate relationship.

Wahed and Bhuiyan (2007) identified that domestic violence is the most common form of violence and its prevalence is higher in rural areas. In a recent study (Centre for Policy Dialogue, 2009) it has been observed that mainly four types of domestic violence, i.e. physical, psychological, economic and sexual abuse and violence are prevalent throughout Bangladesh. CPD found that about 93% reported they had experienced physical violence. Among them, 13 percent victims reported of having experience of sexual violence, 91 percent victims reported economic violence and 84 percent victims reported psychological violence committed by their husbands.

Though the comparison of the Intimate Partner Violence within rural and urban partners is not clear, however it is revealed in a study by ICDDR, B (2007) that rural and urban women are almost equally physically abused by their husbands. The outcomes showed, 40% urban and 41% rural women had been physically abused and about 19% of the women in both areas experienced severe forms of physical violence (hit with a fist or object, kicked, dragged, beaten up, chocked, threatened or injured with a weapon or object of some kind). In Whispers to Violence (2008), it was reported that twenty-four percent of women in the 45-60 age group and 30 percent of

women in 15-25 age group reported ever experiencing violence by the husbands. In contrast, over 43 percent of male heads of households reported ever having been violent to their wives.

Bhuiyan et al., reported that the most frequently mentioned reasons for verbal abuse included wife’s questioning of the husband on day to day affairs (29.1%) followed by failure of the wife to perform household work satisfactorily (17.6%), economic hardship of the family (11.5%), failure of the wife to take proper care of the children (10%), not wearing the veil or conforming to other expected behavior (5.5%), inability to bring money from the natal home (3%), not taking good care of in-laws and relatives (2%). The rest of the reasons included supporting the natal home, failure to have children, having too many children, dark complexion of children, family feud between the husband’s family and natal family and suspected relation with others. Similarly, the most frequently mentioned reasons for physical abuse included questioning of the husband (29.9%), failure to perform household work satisfactorily (18.8%), economic problems (9.4%), failure to take care of children properly (5.1%), stealing (3.4%), refusal to bring dowry from natal home (2.6%).

Family quarrel was the reason given by most of the women as the cause of violence. Family quarrel was referred to as a value term that included many specific reasons such as husband’s dissatisfaction over wife’s management of expenses, housekeeping and child care, jealousy and suspicious nature, exaggerated sense of superiority over a wife as reflected in household decision making, sexual maladjustment and such. The reasons for discord were found to be exacerbated by stress resulting from prolonged illness in the family, sudden financial loss, loss of job and aggravation by in-laws.

Domestic Violence in Dalit community Farzana Islam, in her study “Political Participation of Dalit Women in Dhaka city, Bangladesh” noted that even if a Dalit woman in Dhaka somehow manages to save herself from outside harassment, she cannot escape the experiences of violence within the family. If a husband is not earning and wife claims money for home management, she gets beaten. When a husband gets drunk the wife is supposed to accept it; otherwise she will be physically harassed or at least will 22

be subject to severe verbal abuse by the husband. These are every day phenomena. When it goes beyond a level of tolerance, women complain to the community (a system explained bellow). Men are the sole member of panchayet, so they ally with their own gender to secure their position within the community and give unfavorable judgment to the complain of women. Even, in case of politically very active woman, it is found that husband prohibits wife to attend meetings and going outside and if the wife disobeys that order for the interest of women and community, husband physically and verbally abuses her.

Sexual violence: Ruchira et al. (2011) analyzed menâ&#x20AC;&#x2122;s perpetration of sexual violence against women. They found that about 10 percent of urban and 14 percent of rural men ever perpetrated sexual violence against a woman/women. Non-partner sexual violence was perpetrated by 4 percent of urban men and 3 percent of rural men. Gang rape was perpetrated by 1 percent of urban and 2 percent of rural men. About three fourths of the perpetrators sexually abused one woman. Notably, 2- 3 percent of men sexually abused more than 10 women. More than 40 percent of men in both the rural and urban sites perpetrated sexual violence for the first time when they were children (i.e., aged less than 19). The most common motivation for sexual violence was the belief that sex is menâ&#x20AC;&#x2122;s entitlement (77 percent of urban and 81 percent of rural men). About 29-35 percent of men sexually abused women to take out their anger or to punish them, while about 57- 67 percent of men sexually abused women just for fun. The analysis revealed that men with gender inequitable attitudes regarding sex have an increased likelihood of perpetration of sexual against women. About 43- 51 percent of the perpetrators did not have any concerns or reactions. Only about 15-25 percent reported fear of repercussion from different sources. Close to 30 percent of the perpetrators in both sites were worried about being found out. About 37- 39 percent reported feeling guilty.

Rape: According to Habiba Zaman (1999), rape cases in Bangladesh remain largely unreported because of the social stigma and loss of family honor (izzat) that results. Baden et al. (1994) noted that 23

rape probably evokes the greatest feelings of shame among women, and thus is most likely to be under-reported in Bangladesh. The social ostracisation of raped women is much noted as women are widely believed to be responsible for their own rape, perhaps due to prevailing ideas about women’s powerful sexuality, and men’s inability to control themselves. Along with nonreporting behavior of rape cases, there are unequal power relations between the perpetrators and the women who are raped and high-level corruption in law-enforcing agencies. As a result, in most instances, perpetrators can find ways to keep themselves above the law.

Dowry related violence: Wahed and Bhuiya (2007) found that non-payment of dowry was the next most important cause mentioned for violence. Theoretically, Islam as a religion does not approve of dowry. In reality, According to Habiba Zaman (1999), dowry has now become a part of wedding and cultural practices for various reasons. For instance, in the last two decades, the state’s liberalization policies have opened up a market for luxury goods (televisions, VCRs, cars, jewelry, etc.) and the easiest way for men who aspire to own these goods to acquire them is through a dowry at marriage. Dowry-related violence against women has been increasing. Habiba Zaman (1999) referred the Weekly Holiday, “Twenty five out of 48 murders were related to discords over dowry and [the women] were killed for the sake of dowry.”

Early or Child Marriage: The legal minimum age of marriage in Bangladesh is 18 years for women. The widespread socially accepted practice of early or child marriage is clearly a violation of the rights of the child and a harmful traditional practice. Although the lack of a proper system of birth and marriage registration precludes accuracy in the compilation of data, all statistics indicate a similar trend of early marriage. The Demographic and Health Survey (in 1996/97) found that 5 per cent of the 10-14 age group and 48 per cent of the 15-19 age group were married. The median age of marriage was 15.3 years with wide urban-rural differentials of 19 and 15 years, respectively. The United Nations Population Fund (UNFPA) recorded in 1998 that 7 percent of 24

girls were married by the age of 12, 47.8 per cent by 15 years, and 73.8 per cent by 18 years. The World Health Organization (WHO) reported in 2000 that 14.1 per cent of girls had given birth by the age of 15 years, and 48.0 per cent by 18 years. It has been noted, too, that 46 per cent of those married in the 10-14 age group (Pathfinder International, 2006). The reason for acceptance of the norm of early marriage was two-fold. There was cultural and perceived religious justification by families based on the value placed on virginity at the time of marriage. Families felt that early marriage foreclosed the possibilities of sexual contact that would tarnish the family honor. A husband and his family would find it easier to control a child or adolescent and thereby sustain the pattern of unequal power relations within the family.

Forced Marriage: Forced marriages were often corollaries of early marriages, although young women were also vulnerable to such pressures as emotional blackmail and threats of assault. Some families forced girls to marry to protect cultural expectations that eschew â&#x20AC;&#x153;unsuitable relationshipsâ&#x20AC;? and to safeguard the family honor. Families forced victims of rape to marry the perpetrators to protect the honor of the girls as they were perceived to be subsequently unmarriageable. There have also been instances of girls sold by economically deprived parents to suitors. According to Muslim tradition, it is acceptable that the consent to the marriage was given by the guardian and not by the bride. In recent years, increasing awareness of the negative and harmful consequences of early marriage, whether arranged or forced, has led to action to prevent such marriages.

Chapter 3 Research Methodology

Chapter 3

Research Methodology:

This particular study, by dint of its nature, resorted to qualitative research approaches. Data were collected using qualitative tools and techniques. Here, with justification, the selection of study area, sampling, data collection tools and techniques, data analysis, use of human resources for concerning tasks are outlined. The methodology combined both primary and secondary data. Primary data were preferred along with secondary sources (existing literature on the issue) to identify customary laws, norms, and practices; and secondary data were used in analyzing the gaps and conflicts of customary laws, norms and practices with the national and international laws and policy standards. Drawing inherent nature of qualitative design, this research design was flexible enough to accommodate exploration and significant issues.

Variables and measurement: The following issues or attributes of gender based violence were incorporated into the present study:

A) Sexual violence 

Rape/ incest



Conjugal rape



Sexual harassment

B) Physical violence 

Physical assault



Trafficking



Burning or acid throwing

C) Harmful Traditional Practices 27



Child marriage



Forced marriage



Dowry-related violence

Analytical framework:

To divulge specific attributes to identify customary laws, norms and practices was one of the most critical parts of this study. Drawing particular variables and their corresponding attributes leaded to identification of customary laws, norms and practices. Considering different events of prevalent GBV case by case, the present study identified customary laws and norms by analyzing personal belief and understanding, family and close relationship, community response, and societal reaction. From the well-accepted definition of norms, three (3) measurement or analytic levels were primarily considered regarding particular behavior of both men and women that engender gender based violence. 

Belief and perception (personal level): Belief and understanding of particular issues related to gender develop by socialization process throughout the life course that ultimately resulted into gender biased practices and, in its extreme case, gender based violence. Therefore, investigation into personal belief and perception of both men and women was conducted to identify the basic motivation that cause gender based violence. For example, what was a girl’s perception and belief about her brother’s privilege in educational support from family, or vice versa.



Expected gender roles (relationship level): Reaction and control from people under relationship possess different dimension of customs and norms. For instance, family may expect more obedience and compliance to family from a girl. This expected role results into different actions and practices of GBV, e.g. child marriage.



Societal tolerance (community level): 28

Wider society is the supreme guardian to maintain existing customs and norms either gender balancing or gender discriminatory. For example, society may influence individual practice by imposing communal pressure that can influence denial of girlâ&#x20AC;&#x2122;s opinion and establish a practice of forced marriage.

Within the framework of data collection instrument as well as analyses, each category of GBV and discrimination drew connection from and combined these three levels to delineate more accurate results.

Area of Study: The Girl Power Project (GPP) of Plan Bangladesh is being implemented at 30 Upazillas in Gazipur, Krishorgonj, Shariatpur, Rajshahi, Dinajpur, Nilphamari, Lalmonirhat and 10 zones in Dhaka district. Considering available resources (especially time) and a pre-assessment discussion with GPP team, the study area was divided into six clusters, they are Nilphamari, Rajshahi, Gazipur, Kishoregonj, Shariatpur and Dhaka, based on the proximity of districts given the situation that customary laws and norms varies in respect of geographical locations. One upazilla from each cluster and three zone of the Dhaka City Corporation are selected for study location. The Study locations are: Sl #

Cluster of Distiricts

Selected Districts

Upazila/Zones

Nilphamari, Lalmonirhat, Gaibandha

Nilphamari

Jaldhaka

Rajshahi

Godagari

Gazipur

Sreepur

Kishoregonj

Kishorganj

Nikli

Shariatpur

Vedorgonj

Dhaka

Geneva Camp, Mohammadpur and Bowniabad, Mirpur-11 Mironjilla, Lalbagh

Population: Girls and young women, aged 10 to 24, covering all social class under the working area of Girlsâ&#x20AC;&#x2122; Power Project were the unit of analysis, and thus formed the population of the study. However, in order to identify customary laws and norms, both male and females respondents were taken into consideration with a focus of girls and young women.

Sampling: As a qualitative study, sampling did not intend here to make generalization over the population. The principal purpose of sampling in this study was to identify social norms and to understand practices that refrained women from having protection against gender based violence. Hence, the sampling was non-probability and specifically addressed purposive, snowball and quota sampling. Against different tools used in data collection, the sampling considered the following table.

Study Location

FGD

IDI

KII

Sampling Procedure

Nilphamari Jaldhaka

IDI followed purposive

Rajshahi

Godagari

and snowball sampling.

Gazipur

Sreepur

KII followed purposive

Kishoregonj Nikli

sampling.

Sariatpur

Bedhorgonj

Dhaka

Geneva Camp Bowniabad

Mironjilla

Total respondent

174

* M= Men, W= Women, G=Girls, B= Boys

Thus, from each Upazilla, 6 individuals (3 women and 3 men) were in-depth interviewed and there were 2 FGDs (1 FGD for men and 1 FGD for women: total 12 FGD). From each upazilla, 30

the 3 women needed for IDI found through purposive and snowball process deriving information from local people and respondents. Again each FGDs were classified by gender and age. About 10 participants were taken in each FGD. Total 18 KIIs were conducted on local activists, local government representatives, Plan Staffs, partner staff’s, CPG, CBO members, national experts, etc. who worked in the field of gender based violence and gender equality. A total of 174 individuals were discussed using different techniques to identify customary laws and norms.

Data collection tools and techniques: Data were collected from 21 January to 20 February 2013 by nine research assistants having academic background of anthropology and sociology and supervised by the team leader. The following methods were used to collect data: 

In-depth Interview (IDI) Semi-structured interview schedule was employed as a technique of in-depth interview (IDI). Because of sensitive nature of the issue under discussion, woman respondents were interviewed by trained women interviewer and male respondents were interviewed by male interviewer. At the time of interviewing, interviewers recorded the interviews subject to prior informed consent formally. IDIs were recorded in audio device and then transcribed.



Focus Group Discussion (FGD): Experienced moderator facilitated FGD sessions with detail guidelines. A total of 12 FGDs (6 males’ and 6 female’) were conducted. FGD was arranged by keeping the uniformity of participants in mind. To illustrate, the FGDs accommodated participants by workable distribution of factors based on gender, age, social class, etc. Ideas, belief, debate and controversy of participants on particular practices were noted carefully.



Key Informant Interview (KII) KII was conducted using semi-structured interview schedule by skilled KII expert. A total of about 18 KII were conducted by the team leader and the coordinator of the team. 31

At local level, local elected representative (especially women), government officials and activists working to eliminate GBV and discrimination were the target group for KII. Moreover, experts from national level were also interviewed. ď&#x201A;ˇ

Observation With prior training, members of the research team held the insight to understand customary laws and norms during the whole tenure (30-35 days, 5-6 days in each study location) of data collection. With this insight and specific focus, team members tried to attend social events (e.g. salish, family dealing, conflicts), special occasions (e.g. rituals, ceremonies), and understand social tensions regarding particular incidents or behavior.

ď&#x201A;ˇ

Review of existing secondary sources A review on existing secondary sources regarding customary laws, norms and practices in relation to GBV and Discrimination was conducted. This review also drew important insights for this study. In the review, the focus was on national and international law and policy in connection with gender based violence and discrimination to analyze the gaps and conflicts of GBV & discrimination.

In brief, the following data collection tools and techniques were used employing various activities Data collection tools In-depth Interview (IDI)

Techniques used Semi-structured interview schedule

Focus Group Discussion (FGD) Key Informant Interview (KII) Observation

Guidelines Semi-structured interview schedule Attending social events like salish, ceremonies, etc.

Activities involved Rapport building, Observation Probing, recording worked with all note taking tools and techniques of Facilitation, note data collection to taking, idea storming observe attitude, Probing, note taking gestures, semiotics, tone, Using insights, indication, etc. understanding, note taking

Data processing: The raw data obtained from the field were processed for proper analysis. First, the quality of data was frequently checked at field level and corrected errors, if any, found in the information. Then transcription of interviews was completed by the concerned interviewer at available time immediately after the interviews. Information gathered through observation and special cases were also documented for further analysis. During transcription, each Researcher was asked to prepare a code list separately considering the objectives of the study. After documentation of all data, team members sat together with their code lists and prepare a final code list.

Data analysis: Coded data were summarized according to the study objectives and relevant themes. In the initial stage, data from IDI, FGD, KII and observations were summarized separately. These data were analyzed by considering the content and context analysis. Conversational analysis (CA) and semiotics was used based on gestures, reactions, indication of speech, etc. in analyzing the responses to identify particular norms and customs. With prior review of existing secondary sources, the dimension and prevalence of customary laws and norms were analyzed using content analysis. Finally comparison and triangulation was made between the data from different respondents and sources. Consistency from triangulation increased the validity of the findings. Again, analysis on secondary data was conducted to identify gaps and conflicts of customary laws, norms and practices with the national and international laws and policy standards.

Ethical consideration: The present study indicates that the respondents needed to share highly personal information with the interviewer regarding their life experience, social construction of private issues and sufferings. In case of IDI, audio recordings were also obtained. So the respondents were asked for voluntary participation with informed consent, if possible, in written format. At the same time, anonymity and confidentiality of the respondents was strictly maintained through different mechanism, e.g. using alias. For example, in case of IDI, the name of the participants was used at 33

the time of interview, but it was replaced by an alias at the time of data transcription, the data were shared only within the research team to maintain confidentially. The respondents had full freedom to terminate the interviews at any time and may refuse to participate. Moreover, participants were also free to reschedule interviews for her/his convenience. Most importantly, Plan’s Child Protection Policy was strictly incorporated throughout the research process and maintained by all team members involved in this research.

Limitations of the Study: 

The study could not cover all geographical locations of Bangladesh. Only areas under Girls Power Project (GPP) were covered. Though it was tried to consider various social class in different geographical territory, e.g. Nikli (Haor/ wetland), Godagari (national border and indigenous people), Sreepur (industrial area), Dhaka (urban areas, slums and Dalit groups), Bhedorgonj and Jaldhaka (typical rural area); however selection of study areas were purposive.



The second limitation was about selection of respondents that was non-probability. Probability sampling is more appropriate for generalization. Since the purpose of the research was not to generalize but to reveal the process and patters, this limitation was resolved through saturation of data and triangulation.



Because of the wide defining area of GBV, it was not possible to cover all issues under GBV. Particular problematic areas from which women suffer the most were covered in the study, e.g. physical and sexual violence, and violence related to marriage.



The final limitation was regarding time constraint. Each team of researchers stayed five to six days to each unit area. It would be more practicable to dig more deeply into the issues if stayed more time with the community to collect data. Under time constraints, research assistants worked day and night under heavy workload. 34

Part II: Study Results and Discussions ď&#x201A;ˇ Chapter 4: Study Results, Discussions and Gap Analysis

Chapter 4: Study results, discussions and gap analysis: At a Glance: List of Customs, Norms and Practices against particular GBV Sl. 1

Customs, Norms and Practices The practice of considering wives as the property of husband after marriage

Gender based Violence Physical Torture, Conjugal Rape, Trafficking

Minor violence or violence at initial stage is not Physical Torture, Sexual Harassment considered as an offense

Prime responsibility of the wife is to satisfy her husband

Physical Torture, Conjugal Rape

The practice (social tendency) of blaming the victim Physical Torture, Sexual Harassment, Rape, Acid Throwing, ultimately defends the perpetrators

Poverty: Violence in poor families is tolerated as usual, Physical Torture, Child Marriage but not as serious

Incidents of violence are not published due to fear of

violence

Physical Torture (middle and upper class family), Rape, Conjugal Rape, Sexual Harassment (Stalking) Physical Torture, Conjugal Rape, Sexual Harassment,

Protest against husband incites suspicion of having

Conjugal Rape, Physical Torture

humiliation and disgrace 7

Individual protest by the victim increases further

extra-marital relation 9

Girls give their consent to prove that they do not have

Forced Marriage

love affairs with other places 10

Disagreement or conflict with husband or in-laws

Physical Torture

justifies torture to husband 11

When violence to particular woman happens regularly

Physical Torture, Sexual Harassment

or frequently, nobody care 12

The â&#x20AC;&#x2DC;apprehension of being divorcedâ&#x20AC;&#x2122; forces women not

Physical Torture, Conjugal Rape

to protest against violence 13

The practice of polygene influences violence in various

Physical Torture, Conjugal Rape

ways 14

Practice of completely dependency of wives on their

Physical Torture, Conjugal Rape

husbands 37

Unconscious or no family-planning contributes in

Physical Torture, Child Marriage

physical torture 16

After child marriage of girls, they are expected to act Physical Torture like adult

Man try to express or to maintain their authority over the family whatever force is required

Physical Torture, Conjugal Rape, Rape, Acid Throwing, Forced Marriage

Addicts and gamblers lose conscience to be well-

Physical Torture, Conjugal Rape

mannered with their wives 19

As conjugal life gets older, the tendency to torture wives

Physical Torture

increases 20

Women are tortured if the demand for dowry is not

Physical Torture, Dowry

fulfilled 21

Women are strictly restricted to contact or to make

Physical Torture, Forced Marriage

affiliation with man outside family 22

Strong social tendency to give the victim in marriage to

Rape, Sexual Harassment

the rapist or stalker 23

Female sexuality and virginity of unmarried women is considered as womenâ&#x20AC;&#x2122;s family honor

Miscarriage of justice encourages the torturer and discourages victims to seek justice/ Womenâ&#x20AC;&#x2122;s opinions are not accepted but suppressed

The practice of immediate cleanliness (after being

Rape, Sexual Harassment, Conjugal Rape, Child Marriage Physical Violence, Sexual Harassment, Rape, Acid Throwing, Trafficking, Dowry, Child Marriage, Forced Marriage, Rape

raped) sweeps away medical evidence 26

Porn videos are available digitally at local computer Sexual Harassment, Rape, Conjugal Rape, Physical Torture shops

Girls with absence of guardian are targeted for violence

Sexual Harassment, Rape, Forced Marriage Men try to exclude women from participating public Sexual Harassment, Rape, Conjugal Rape, Physical Assault, Child Marriage forums

Gender

insensitive

environment

inopportune girls to be sexually abused 30

work

place Sexual Harassment, Rape, Physical Torture

Nature of movement required by particular jobs makes Sexual Harassment, Rape girls vulnerable to sexual violence 38

Repeated rape by blackmailing to circulate the video Rape document of first rape

Stalking is considered as a credit by boys

Sexual Harassment

As long as daughters are remained to marry, neighborâ&#x20AC;&#x2122;s Child Marriage, Forced Marriage tantalizing continues

Nothing to bother if the bridegroom is highly Child Marriage, Forced Marriage, Dowry demanding, especially foreign migrant

Demanding bridegrooms choose girls for marriage

Child Marriage

Love affairs at childhood

Early marriage requires less amount of dowry

Child Marriage, Forced Marriage, Physical Torture Child Marriage

Raising the age in the birth registration from Union

Child Marriage

Council or Notary Public to legalize early marriage 39

Neighbors and public representatives resist less because

Child Marriage, Forced Marriage

of their relation or vote bank 40

Demand of daughter decrease in marriage market as the age increases

Child Marriage, Forced Marriage, Dowry

Parents prefer early marriage if the girl is not good at

Child Marriage, Forced Marriage

study 42

Girls opinion is not valued but suppressed

The pre-requisite of marriage is dowry

It looks unsocial to ward of new bride as well as son-in-

Forced Marriage, Physical Torture

law in empty hand 46

The belief that gifts are used by the daughter which make her happy

Gifts are more important than the bride herself to the

Dowry

people at or around husbandâ&#x20AC;&#x2122;s house 48

As the dowry increase, it increase the social status of bride, bridegroom and his family

The practice of depriving women from inheritance

Dowry compensates the lacking of a daughter

Match-makers who demand commission on the amount of dowry 39

4.1.

The practice of considering wife as the property of husband after marriage:

4.1a. Physical torture: Irrespective of religious background and geographical location, people (both men and women) mostly believe that wife is the property of her husband after marriage. Under the prime guardianship of husband, husband solely bears the responsibility to maintain his family and thus her wife. The parents surrender their responsibility and rights over their daughter to their son-in-laws. By the traditional division of labor, husband bears the financial liability and thereby controls the all subjects under his custody in the family. This understanding of ownership over wife and dominating mind-set of husband lead to physical torture, conjugal rape, and human trafficking too. When husbandâ&#x20AC;&#x2122;s decisions or orders are not completely obeyed by the wives, wives are tortured by husbands. A married man in Bhedorgonj (Shariatpur) responded: No one should torture his wife and I do not torture my wife. But I believe that she is my property and no one should have any say what I do for or against her. To maintain the order within the family, I have the right to control my wife whatever force is required to apply.

The husband disallows outside people if anyone comes to refrain him from assaulting his wife. A husband in Nikli (Kishoregonj) told: It is my personal matter whether I will hear voices outside from my family. No one should have any say in my personal behavior with my wife, because I find no one helping me when I am in trouble.

4.1b. Conjugal rape: The justification of husbands to use their wives in any way as they wish (like using other commodity) causes forcible conjugal intercourse to gratify their libidinal desire. Without considering wife as part of life, the consideration of property leads them to use for biological reason, but not by allowing their emotional expression. Even wives consider that their

husbands can do anything whatever he likes. Wives must have to be utilized according to the wishes and desire of their husband.

4.1c. Trafficking of women: Similarly, social practice accepts unquestionable movement of wives with their husbands. In few cases, people marry and take their wives to places away as an avenue to trafficking. Since wife is under absolute guardianship of her husbands, trafficking of wives happens by their husbands (traffickers indeed) through marriage.

Exception to indigenous people: Notably, indigenous people in Rajshahi are least forceful to control their wives since women also take part in outside work alongside the men. A lesser domination produce lesser resistant, thus a non-belligerent family environment prevails.

Gap analysis In a gender relation both men and women, with same degree of relation, should behave as a partner with equal dignity and rights and responsibility. Women also, as a human being, are born free and equal in dignity and rights13. International human rights law affirmed the equal dignity and rights are inherent and inalienable of all members of the human family. It should not be separated and or divided and subjected because of marital or gender relation. The study findings show most of the peopleâ&#x20AC;&#x2122;s belief that a woman, as a wife, is the â&#x20AC;&#x2DC;propertyâ&#x20AC;&#x2122; of a husband and his practices towards a wife like ownership-hood in a marital relation. After marriage husband control right to mobility, right to opinion and expression, right to thought and conscience etc. over his wife. Such forms of norms and practices contribute to derive gender-based violence.

Article- 1 of the UDHR

The international human rights standard avow in numerous international treaties and conventions that the entitlement of equal dignity and right to self-determination of a women in all state of affairs i.e. kinship, marital relation. Article 1 & 16 of UDHR, article-1 of IESCR, article-10 of ICCPR, article-3 & 16 of CEDAW illustrate the same. The same philosophy of fundamental human right was adopted and gruanteed in the Constitution of People’s Republic of Bangladesh. In the article 27 of the Constitution states that ‘All citizens are equal before law and are

entitled to equal protection of law’. ‘Equality before law’ means that among equals law shall be equal and shall be equally administered14. There shall not be any special privilege by reason of birth, sex, creed etc. That means the law shall be equal for both man and women and shall be equally administered for them. On the other hand, ‘equal protection of law’ means that all persons in like circumstance shall be treated alike and no discrimination shall be made in conferment of privileges or imposition of liabilities15. So in the same circumstances like, in marital relation; both husband and wife, as a human being, should be treated alike and there should be no discriminatory norms and practices in conferment of privileges as husband. Further, in article-28 (1) & (2) of the Constitution state that (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. (2) Women shall have equal rights with men in all spheres of the State and of public life.

That means the Constitution guaranteed no differential treatment or discrimination can be made only on the ground of race, caste, religion, sex or place of birth and the women have the equal rights in all spheres of the State and public life. Though in article 28 (2) of the Constitution, the notion of ‘public life’ bears a historical paradox. However, article 12 of the General Recommendations 21 of the CEDAW explains the discourse of ‘public and private life’. It recognizes all activities of private life ‘are invaluable for the survival of society’ and should not apply different and discriminatory laws or customs for them.

14 15

Islam, Mahmudul (2006), Constitutional Law of Bangladesh, 2 Edition, Mullick Brothers, Dhaka, p-104 ibid

Furthermore, in article-31 of the Constitution state that, ‘To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.’

Article 31 bestow fundamental right to life, liberty, body, reputation and property and any actor, State or Non-state, cannot by unreasonable or arbitrary action or inaction deny the right. The meaning of ‘life’, in the preview of article 31 of the Constitution, means something more than mere biological existence. It includes the right to live constantly with human dignity and decency. Therefore, a woman’s life, liberty and reputation cannot be washed away for the sake of a mere marital relation. Husband cannot deprive his wife from the right to live constantly with human dignity and decency. The aforesaid social norm and practice is a violation of women’s fundamental rights guaranteed in the Constitution.

4.2.

Minor or simple violence in is not considered as an offense: 4.2a. Physical torture: Most of the respondents consider that conflicts in conjugal life are obvious in some extent. It is also usual for spouses to become belligerent and conflicting during the life-long stay together. These are also part of conjugal life. Minor torture is common and tolerated by the wives especially in poor families. Even wives largely think that husbands can do minor torture when husbands are angry. Many women believe: “It is a tolerable issue because ‘men’ are inherently ascribes anger and aggression. Expression of anger is a characteristic of manhood.”

Wives tolerate minor torture like slapping because husbands will be calm and love them again whenever the anger will be pacified. The other reason to tolerate this practice is, as per the responses of women, minor torture does not inflict much pain and there is hardly any lose of her dignity if it is happened behind the wall of house. Wives tolerate minor torture for 43

wider peace of the family. Wives seek remedy through Salish or legal justice system only in the case of grievous torture especially when they require medical treatment.

This practice of considering minor torture by husbands as normal and compromising understanding of women influences husbands to grievous torture when the mental state of husbands belongs to more irritating condition. Since women are considering it minor, these behaviors remain under the shadow of privacy and discussions as well as solutions are not coming out to resolve this problem.

4.2b. Sexual Harassment: Stalking is not considered or taken seriously, but normal to many people. Even girls are accustomed to stalking in such a way that they also mostly ignore it. People think it may as usual behavior of the male, but it should not exceed the limit that can harm girls personally. In a school at Dhaka, some boy classmates took a girlâ&#x20AC;&#x2122;s (respondent) picture and teased her. She complained it to the teachers on the ground of taking her picture and stalking. But the teacher did not punish the boys but suggest removing the picture from mobile which was used to capture photo. In front of teachers, those boys deleted files. However the girl still has the fear that those photos captured could be stored somewhere else by those boys that could be used with ill-intention. The simple solution taken by the teacher did not work. Those boys were not deterred from stalking the girl mainly because the teachers did not take the issue seriously.

Gap analysis: In fact, any torture, either minor or critical, is a physical assault, constitute a crime and punishable under the national laws as well as violation of international human rights law. Article 5 of the UDHR state that, â&#x20AC;&#x2DC;no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.â&#x20AC;&#x2122; Similarly, article 7 of the ICCPR also confirms the same. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or 44

Punishment (CAT) elaborates the term torture. It define ‘torture’ as ‘any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.’ Further, in article 4 of the CAT obligated to the State parties to ensure all acts of torture are offences under their national criminal law.

Article 35 (5) of the Constitution of Bangladesh guaranteed the same as fundamental right. It stated that, ‘no person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.’ Accordingly the criminal law the land affirms any form of torture as crime i.e. hurt, grievous hurt, force, assault etc. and punishable under the law. At present physical torture against women in domestic sphere, the Domestic Violence (Protection and Prevention) Act, 2010 is in place. The Act address physical abuse; means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; in domestic sphere as a crime. The norm that minor torture by husband to a wife is not an offence, is an infringement of national law and punishable. Similarly, it is a gross violation of human right. In any manner, even minor torture cannot be justified as a part of conjugal life.

4.3.

Prime responsibility of the wife is to satisfy her husband: Conjugal rape: Most female respondents think it is not good make the husband feel bad because of their (wives) behavior. Wives also believe sexual intercourse is wrong in case of wife’s physical illness otherwise it is right even made forcefully. It is the moral responsibility of a female to 45

make her husband gratified anyway. Wives also believe, according to religion, when husband wants sex, it is binding for a wife to fulfill husband’s desire. Although it is not pleasurable to women, both husband and wife do not consider it as a crime or sin. Wives think they are bound to fulfill the desire of their husband otherwise they (wives) will be sinner. The aged people often suggest them (wives) to be obedient about husband.

4.4.

The practice (social tendency) to blame the victim that ultimately defends the perpetrators: 4.4a. Physical Violence: Many men reported that “women are beaten because of their own behavior and use of tongue.” Husbands want to establish complete domination over the family and do not tolerate even slight deviation from the way they lead the family. Husbands think it is their duty to ensure order within the family. They own the responsibility deciding whom to reward and whom to punish. A petty businessman who used to torture her wife asked, “If my wife commit an offense, will I not punish her? To keep wives in line, sometimes controlling mechanism, even through torture, is necessary.” Many husbands believe that without punishment wives can be extravagant, involved in adultery or out of control. There are some husbands who told that punishment can be avoided if wives characters are good. Here they mean total conformity of wives by good character. Some husbands reported that they lost their temper immediately if their wives do not comply with their orders. A few husbands alleged the activities of NGO and government for the unmanageable behavior of women.

Women are bound to complete household chores immaculately, no evasion is allowed to them. Wives are bound by social expectations to maintain all household chores immaculately. Error or fault in accomplishing household tasks is not allowed. Wife is treated as domestic worker without recognizing their duties. In every dispute, people say “the woman might have some faults, otherwise why would she be tortured.” Most Salish ends up with suggesting both victim and accused to be good46

mannered and social, though the victim may not have any error. Even when a wife cannot issue a child for a long time after marriage, people blame the women with prejudice but without considering husbands liability for that. A wife reported, “Because of huge workload she uses to maintain, sometimes she cannot find enough time to keep the whole house clean. But her husband tortured her because there was some dirt at the corner of the house. The neighbors told that it was my fault to be hurt because I should have taken care of all the responsibility of the household.” Thus in every incident of torture, everyone tries to find the faults by the wife, but not by the husbands though the husband would be the main perpetrator for that physical torture.

A woman from Nikli (Kishoregonj) reported that she cooked and served food to her husband immediately after her husband’s return at home. Unfortunately, an insect was found on the served food where the women had nothing to do with that incident. But her husband threw the food towards her body. Irrespective of woman’s occupation and status, they are bound to complete household responsibilities. For example, a woman who worked as a domestic worker at a neighboring house is also responsible to conduct all the domestic works in her family. Her husband never came to help her in anyway. However any error or delay for household service results into torture by husband. The woman thought if her family was solvent, she would not need to work outside that could allow her more time to complete her household duties properly. But wives from solvent families also reported their similar household responsibility. Most working women irrespective of their occupational status reported the same thing to bear the double shift to work at home after returning from their formal working place. Physical torture in response to the deviation from these expectation and binding rules draws justification to husbands and society. Therefore, blaming justifies torture against women.

4.4b. Rape: Society, in general sense, considers rape as a grievous offence holding the rapist prime liable. However, the practice varies by shifting the blame from offender to the victim. At the first 47

instance, as information of a rape incident leak into the public, people express mixed reaction blaming both the victim and rapist. People frequently blame the girl at the same scale of male or sometimes more than that of the rapist. As time proceeds, the side of incriminating the victim becomes increasingly mounting. A social tendency to deprecate victim’s character becomes dominant over time.

To draw an illustration from Bhedorgonj (Shariatpur), a girl was confined forcefully in a room and raped repeatedly eight days by her brother in law. When villagers rescued the injured girl, the perpetrator managed to escape. However, the villagers started to blame the girl in various ways. Villagers started indicating the previous events the girl (victim) visited various places with her brother in law. Villagers blamed the girl that she gave more time and enough opportunity to her brother in law and thereby he was incited at a time and commit such incident. Blaming to victim is obvious if being raped by her lover. Even a victim does not share about their victimization if being raped by lover or close friends, because the possible outcome of sharing the event invites blaming and psychological torture by the family members. For example, in Gudagari (Rajshahi) a girl was raped by her lover and consequently she became pregnant. But her lover ran away to India to escape marriage. However all people now blame the girl regarding the rape incident only because of her love affairs with that boy.

Similarly, most of the time the responsibility of girl is more emphasized than male. People starts blaming the rape victim accusing her rough lifestyle, openness to men, use of seducing dress, etc. The male’s target of rape is considered as a ramification of girl’s fault or enticement. This blame-game biased against women encourage people to commit rape.

4.4c. Sexual Harassment: Many women think that at girls in this modern time are of bad characters than that of boys. Girls provoke sexual desire of boys, as a result stalking takes place. They (female) want to attract the boys. In female FGD most women think the main reason of eve teasing is indecent clothing of the girl. They blamed female’s clothing behavior accusing girl’s dresses are tight 48

fit, even when they made religious cloths (burkha) it also tight fit. When males see it they call “new model”. A male respondent said “girls are doing modeling by wearing burkha” and that is why are being harassed. A girl said, her mother advised her to wear religious dress but she like to wear new fashioned dress. Many people think that if the female wear the Islamic dress then eve teasing will reduced in a great extent. However, there are available events where girls were sexually harassed though using religious dresses. This blaming does not bring any redress but encourage perpetrators.

Gap analysis: Social tendency to blame victim is a traditional attitudes by which women are regarded as subordinate to men or as having stereotyped roles perpetuate widespread practices involving violence or coercion. Such prejudices and practices justify gender-based violence as a form of protection or control of women. These practices deprive the women’s equal enjoyment, exercise and knowledge of human rights and fundamental freedoms. Article 5 of the CEDAW obligated the State parties to respond appropriately to eliminate the prejudices and customary practices based on the idea of the inferiority and superiority of either of sexes or on stereotyped roles for men and women. However, there is a loophole in the national legal system to address ‘blaming the victims’ in sexual crimes. In few developed countries i.e. US, Canada have legislation called ‘rape shield law’ to address the ‘blaming the victims’ crime in formal justice system.

4.5.

Violence in poor families is considered not as serious but as usual: 4.5a. Physical torture: In all areas under the study, with a few exceptions of indigenous community, women mostly in poor families experience physical torture and child marriage. In an indigent family, there are always unfulfilled demands that create a stressful and deprived situation within the family. Poverty also fuels family tensions. Both husband and wife take part in belligerent dispute without considering their financial scarcity to meet their basic needs. Poverty itself invites some other factors that contribute in physical torture on women making it as usual. 49

For example, physical violence on wives is more common by low-income husbands mainly day-laborer like rickshaw-puller. A victim of physical torture by her husband said with regret that “as poverty comes through the door, love leaves the home through the window”. Husbands are immediately tempered in family disputes and start battering. But stressed and indigent husband does not make her wives understood with love and care about their inability. At the same time, wives sometimes do not try to recognize their husbands’ hard efforts. A married man said, “My wife asked me to fulfill all her demands. If I do not able to do so, why would I marry her?” The problem exacerbates in poor families when husband are involved in gambling, drug-abuse or other anti-social acts. Involvement in these activities along with the prior problem of poverty makes husbands out of conscience. A male respondent quoted an apothem “necessity knows no law”.

Among them, women in poor families at Sreepur (Gazipur) highly suffer from physical torture by their husbands. At Sreepur, there are many husbands found unemployed that intensifies poverty. those males marry garment workers and lead their livelihoods by their wife’s income. But when their wives go out of income or are unable to bring food, husbands beat their earning wives. In some cases, husbands leave their wives if wives are unable to earn. This also create burden on wives to earn livelihood as well as to maintain household tasks making it a double shift for married women.

4.5b. Child Marriage: Girls are considered as burden for parents until marriage, especially in poor families. To parents, girls are unwillingly become burden due to poverty. Parents do not consider spend for daughters as investments as they do for sons. A mother of Bhedorgonj told that the expense needed for maintaining girls is not small. In a poor family having 3-4 daughters, parents try to confirm their daughter’s marriage as early as possible in order to ease the family maintenance. There are hundreds of examples of poor families exercising the practice of child marriage in their families. For instance, a family head (grandfather of the victim of child marriage) had 12-14 grand-daughters in an extended family. Though he was affluent once, now the situation is not the same. By inheritance, his three sons shared poverty as well. 50

In that poor family, most girls were set to be married at childhood and the other girls who are still unmarried are waiting for having the same fate. This is how the poor families appease their burden and cut spend by transferring their daughters to other families. Thus the poorer the families are, the practice of child marriage is more prevalent.

4.5c. Forced Marriage: Poor families have nothing to do with girls but arrange marriage, even if force needed. A female student age approximately 15.5 informed that, her father went to his second family after second marriage. To earn living she and her mother came to Dhaka. The work that her mother was not enough for their living, as a result her mother sent her to grandparents. Her grandparents forced her to marriage when they got a â&#x20AC;&#x153;goodâ&#x20AC;? bridegroom. The respondent said that in one sense most of the marriages are arranged forcefully. As there is no value of the opinion of girls they are bound to sit on forced marriage. Another female respondent reported an event that a forced marriage was occurred just beside of her house because of poverty.

4.6.

Incidents of violence are not published due to fear of humiliation and disgrace: 4.6a. Physical Torture: Torture in middle class and upper class is not publicized in fear of being undignified. Though most respondents reported that physical torture is a phenomenon in poor families, but it is also reported in families financially solvent. The frequency and intensity of torture is comparatively low than that of poor families, but psychological violence is still prevalent there. For the sake of maintaining status quo, upper class families try to conceal their family matters from outside world. There are examples where both spouses have jobs, but husbands torture their wives physically to establish their dominance and enforce their orders over their wives. General people can know those incidents if the family is broken through divorce. Maintaining this secrecy promotes husbandâ&#x20AC;&#x2122;s torture on wife.

4.6b. Rape: Rape incidents are not published due to fear of humiliation. Rape incidents are considered as disgraceful for victim and her family. The stigma ‘raped’ grounds the possible social exclusion undermining social relations and communications not only for the victim herself but also for her close relatives. Therefore families of rape victim try to conceal the event within the limit of familiy privacy. Especially, rape by close relative remains unnoticed under the curtain and shadow of familial privacy. In Jaldhaka (Nilphamari), a NGO worker drew the reference of her self-initiated study that there were several girls who have been raped by their brother in law, cousin and uncle but families did not disclose the incidents due to apprehension of being certain humiliation. A house wife (42) in Bauniabad (Dhaka) reported that her niece was raped by the house-tutor that was kept hidden to avoid social humiliation. Thus many rape cases are not reported to the police or other law enforcing agencies. When occurances are serious enough to require medical treatment for the victim, families take the victim to hospital or medical facilities far away from the locality where no one can recognize them. This norm of humiliating and deprecating the victim, and the practice of hiding the incident of rape victimization foster the indirect impunity of the rapist and thus encourage ‘negatively motivated’ people to commit rape.

4.6c. Conjugal Rape: Even married women do not discuss among themselves about conjugal rape. The married women feel shy and they are not generally willing to discuss this issue even during gossiping. Many NGO worker and social worker informed that they seldom get any case related to the matter. Wives do not express these events to other women because the blame will go to the wives only. It is very confidential and secret matter between husband and wife so people do not want to interfere about the matter. If discussed to very close relatives, wives are asked to be more tolerant.

4.6d. Sexual Harassment: In case of reputed family, families try to resolve stalking case within strict family environment. It is very shameful for the victim’s family and in some cases offender’s family. Especially victim’s family tries to exhaust the matter within short time without publicity. Any public discussion with sexual connotation regarding woman is harmful for victim and for that particular family. This practice of secrecy in many times cannot resolve the issue and thereby stalking continues leaving no deterrent effect of the stalkers.

Gap analysis: The practice of concealing the incidents of violence and not to bring in public for redress is the violation of human right and at the same the legal right. It impairs the enjoyment of women’s human rights and fundamental freedoms under international human rights law i.e. right not to be subject of discrimination, right to equality before law, right to seek redress, right to fair trial etc. These human rights are affirms in the article - 2, 7 & 8 of the UDHR and article – 2, 3, 15 & 16 of CEDAW. In addition to this, the above mention norm and practice is also a gross violation of national law and punishable under public law. Concealing offences, which are punishable under the law, is a crime and to be punishable under section 118 of the Penal Code.

4.7.

Individual protest by the victim increases further violence: 4.8a. Physical Violence: Protest induces further violence or apprehension of being grievously hurt. In many cases, protesting torture exacerbates husband’s reaction, and then torture intensifies. This practice limits women’s willingness to protest in cases of physical violence, conjugal rape, and sexual harassment. In some cases, wives are forced to get out of husband’s house. Many women told that they experience further and extreme torture if they protest. A wife hardly has any remedy if her husband disallows her personally. She cannot leave the house because her own parents are not capable to bear maintenance for her. Therefore wives remain resilient during their

husband’s torture and allow him to express his instinct. She finds it better to digest all these physical repression rather than inviting further torture.

4.7b. Conjugal Rape: Wives do not protest this because they think if they protest then their husband will be attracted by other women. In a few cases of protesting their husband, there are events of battering for this protest. And when people around are informed of this issue, no one comes forward to help the wife in case of conjugal rape considering it very private issue, rather people take it as entertainment by discussing their cause here and there.

4.7c. Sexual Harassment: If a woman protests against harassment, her suffering increases even it may turn into further and extreme humiliation. In an incident, a girl protested against eve-teasing. The boys (teasers) marked her because of the quarrel took place between them and Sheuli (an alias) at previous day. So when they saw Sheuli they spoke loudly “This is that girl”, “Brother this is” as the passerby can hear and they look to her and wanted to know from the boys about Sheuli. The boys answered that the women is a bad women and the passerby looking her curiously. After that they made bad comments about Sheuli’s character. Sheuli did not make any response to protest as per the instruction of her husband. She became surprised that the people who told her not to talk with the boys at the moment they are now supporting that boys.

4.8.

Protest against husband incites suspicion of having extra-marital relation: Conjugal rape and physical assault: If the wife unwilling to have sex against her will, then the husband assumes that his wife may be engaged in adultery. A female said, when she was unwilling to join sexual intercourse her husband suspected that she already had relationship with other people. A college teacher said, “now the number of adultery is increasing at an alarming rate by the influences of Indian media. So a husband is always conscious about his wife’s adultery.” 54

4.9.

Girls give their consent to prove that they do not have love affairs with other places: Forced marriage: In a FGD of female group aged between 18 – 24 years reveals that, girls do not disagree with marriage proposal. The big reason for conformity behavior of girls is that if they disagree everyone thinks that she has certainly a relationship. When male side comes to see her for marriage if she denies everyone supposed that, there is certainly something happened. Denies make family more active to arrange her marriage quickly and many girls do not dissent with family decision. They agree wherever their marriage arranged.

4.10. Disagreement or conflict with husband or in-laws justifies torture to husband: Physical torture: Mother-in-law becomes resented if daughter-in-law is not under her control. If their relation is not adjusted, husband’s mother begins complaining to her son. The problem becomes serious when mother and sister of husband join together against the wife. There are many cases where the husband take his mother’s side and torture his wife. In these cases, no one in the family comes to protect the wife because the husband’s mother expects to control that wife by any means. The wife finds her in helpless situation. In few cases, husband’s brother also tortures his brother’s wife.

4.11. When violence to particular victim happens regularly or frequently, nobody cares: 4.11a. Physical Violence: There are some families where husbands use to torture their wives frequently. Some girls are repeatedly victimized of stalking as well. For the first instances, people came to protect the victim and try to solve the problem. But people lose their inclination to look forward to 55

restrain that perpetrator because that particular event becomes normal in long run instead of deviation. Some people try to identify the faults of women for which those women are repeatedly victimized of such acts. Even the parents of repressed wife lose their interest to intervene to protect their daughter. Parents think, the only solution would be ‘divorce’ of her daughter that might throw her in a more disadvantaged social situation. A woman frequently tortured responded:

My parents along with neighbors came to appease my husband for not to batter me initially the tortures. Even my father used to provide financial support congruous to his capacity. Nothing makes my husband’s character changed. Now I do not feel shy to share these issues in public because everyone knows my husband’s character. Even slight deviation from his strict orders results into torture. For example, today I was warned not to come this FGD session while I was coming out my home. I am certain that I will face some sort of negative reaction from my husband after return.

4.12. The ‘apprehension of being divorced’ forces women not to protest against violence: Physical violence and Conjugal rape: Wives are apprehended of being divorced by their husbands if they protest torture committed against them, e.g. physical torture, conjugal rape. Wives find it better to tolerate violence by their husbands instead of being divorced. The society does not treat divorced women with good consideration. ‘Divorcee’ attaches such a stigma to women that makes them vulnerable to other types of violence. The social identity of women is determined by their husbands. After being divorced women face identity crisis and find themselves in disadvantaged social situation. People impose the liability of marital break-up on women without considering the husband’s contribution to conjugal conflicts and thereby divorce. Therefore, women perceive it better to stay in certain abusive milieu rather than pursuing uncertain vulnerability if being divorced. More importantly, wives tolerate torture because most of time they do not have any other places to go. If returned to parents home, divorced women become a burden both socially as well as financially to indigent families.

4.13. The practice of polygene: 4.13a. Physical torture: Husband, who uses to torture their wife by physically as well as sexually, threats to marry another woman. Families with fellow-wives ultimately result in more belligerent situation. The husband has the freedom to marry several women but no wife expects her rival whom to share privacy and family resources. Among Muslims, males are allowed to have more than one wife. Every wife knows that the family tension will increases if her husband marries other woman. So when a husband threats to bring a fellow-wife, the existing wife does not protest against the torture inflicted on her for her own sake. Similarly, in a family where a husband has more than one wife experiences more family tension. It is usual to realize quarrelsome, conflicting and competitive situation among wives. Especially, for a destitute husband, it creates acute financial burden to maintain more than one wife. There is also partiality and discrimination by husband in treating his wives. Thus the practice of polygene influences physical torture on women through keep wives out of protest.

4.13b. Conjugal Rape: If the wife resists the husband’s wishes, the husbands threat to marry again. It is general belief that if wife is unable to continue sexual life then a husband can marry without the permission of his first wife.

4.14. The practice of completely dependency of wives on their husbands: Physical torture and Conjugal rape The complete dependence leaves women with no alternative but to stay mandatorily at husband’s house. Leaving husband’s house becomes more difficult if a wife already has children to take care of. It may not be possible to return parents home permanently because indigent parents do not have the capacity to provide maintenance. A wife noted, “What difference will it make if I protest or go to seek remedy to other outsiders? Eventually, I will have to stay with my husband who uses to torture me. Reporting to other people will merely widen the gap of our conjugal relationship. So it is better to tolerate my husband’s acts in 57

exchange of shelter (home).” Battered wives cannot protest because they do not have financial and social capital. Another woman told “He, who feeds, can inflict torture. It’s no offense.”

4.15. Unconscious or no family-planning contributes in physical torture: Physical Violence, and Child Marriage Poor and geographically challenged people do not practice family-planning properly that brings new child at the end of the year. Especially in areas of river erosion and river banks, women are highly unconscious about family-planning mainly because the low rate of literacy/ education in those areas. Ultimately the face of poverty becomes furious when new babies are coming continuously to increase the number of family members. Because of unconsciousness of women, the situation of a poor family becomes more perplexing. It also becomes difficult to manage families with huge children instead of smaller ones. Especially families with large number of girls experience more violence against woman. Even parents inflict physical pain on daughters in families with five or more daughters. Again to ease the burden to maintain family, parents try to give their daughters in marriage in early age that push girls to another long-term tortuous situation.

4.16. After child marriage of girls, they are expected to act like adult: Physical Torture Since a girl gets married, some social roles become obligatory as a wife. There are a large number of responsibilities a woman must to bear. When a girl gets married at girlhood, she does not ready to understand and bear those responsibilities. Though society considers many behaviors of a girl as puerile before marriage, but the social expectation from a girl shifts immediately after marriage. Everyone expects matured behavior from the girl as a wife despite her age demonstrates her childhood. Due to the immaturity, a girl wife cannot conform to social roles and expectations. Adults find errors in works and behaviors of that girl wife. As a negative reinforcement, the errors a girl does at her husband’s house are

treated with punishment or torture. Some husbands reported that they thought slight torture is necessary to teach very young wife.

4.17. Man try to express or to maintain their authority over the family whatever force is required: Physical Torture: When the socio-economic status of both husband and wife in a family remains similar, husbands try to prove their superiority and dominance over his wife in anyway. For example, a family was found where both spouses are employed. The problem rose while taking the lead to make decision of expenditure for the family. Husband did not compromise to dominate the decision-making on family expenses. There are available families where husband is taking all incomes incurred by his wife immediately after his wife receives salary. Husband want to lead the domination to spend family income, otherwise even tortures are imposed. Some husbands accede to this phenomena stating that working women send money to their parents too. Husbands do not like this practice of sending money rather than spending it for their own family. Not only money, but also because of sending any other resources sent to support wifeâ&#x20AC;&#x2122;s parents, wives face torture. There are also cases where elder brothers torture their younger sisters to keep them under control so that the sisters can realize their brothers domination and obligations to follow their orders.

4.18. Addicts and gamblers lose conscience to be well-mannered with their wives: Physical torture and conjugal rape: Addicts and gamblers are more frequent to torture their wives physically. If a wife asks the husband about his anti-social acts and tries to restrain him from doing such acts, the husband tortures his wife because he does not like to be accountable to her. Husbands think they are blameworthy to their wives, even in case of their any activities. Especially the addicts and gamblers pressurize wife to bring money from her parents. For instance, an addict physically tortured his wife and told her to manage money as he needed. In response, the wife asked where from she would get the money because she did not have any source. The husband 59

forced his wife to manage money from her father. The wife went to her parentsâ&#x20AC;&#x2122; home, but observing the indigent condition of her father she could not ask him to give her money. After return from parents home, the wife fall in emotional dilemma and apprehended by further violence. Being unable to share her shame, she committed suicide, though her parents had doubt whether it was suicide or murder. Her parents did not get justice because the her husbandâ&#x20AC;&#x2122;s family was more powerful.

4.19. As conjugal life gets older, the tendency to torture wives increases up to certain age: Physical Assault: Though physical torture on women can be found irrespective of age, newly married wives are relatively less likely to be victimized. Husbands told that they allowed new wives to learn family rules and did not torture for unintentional error. But when they observe that their wives were not learning family systems, torture became necessary to keep wives in line. On the other hand, wives also said that newly married women were not severely tortured. However, they reports another reason for that. Wives respond that after having one or two children, their physical beauty gets deteriorated. As conjugal life gets older, husbands are not attracted by their husbands. Wives think their husbands do not love as much as they do immediately after marriage. Again aged wives are not tortured as much because her children become adult. In Sreepur (gazipur), many unemployed men marry employed women so that they need not to work and take financial pressure for family maintenance. As married life goes on, husbands lose their interest for the same wives and seek for wife one who can better support them financially. If wives become unable to draw incomes for their husbands, they become insignificant to their husbands and are physically tortured.

4.20. Women are tortured if the demand for dowry is not fulfilled: Physical Torture and Dowry: It is a common practice of being tortured if dowry demand is not fulfilled. The parents of husband think that it is a deviance not to satisfy the dowry in time. In poor families, a part of 60

the dowry demand is given by bride’s parents at the time of marriage. A date is fixed to fulfill the demand remaining. The wife is tortured if her parents fail to satisfy rest of the demand in time. There are also cases in which the husband demands more money than that of finalized during marriage in the name of doing business or something else. A few instances when the husbands do not have any prior demand, they still force their wives to bring money aftermath. Whatever the process of demand is, the result is torture on wives. The society also does not blame husbands for this reason. Society sees dowry that husband deserves. However society reacts against the husband when he demands more after fulfilling the demand fixed during marriage. In cases of torture due to dowry, society tries to make pressure on wife’s parents or to make them understood to fulfill the husband’s demand even by borrowing money from their neighbors and relatives. If wife’s parents ask where they will get the money, sometimes the son-in-law indicates the source of NGO’s microcredit programs as source of money.

4.21. Women are strictly restricted to contact or to make affiliation with man outside family: Physical Torture, and Forced Marriage If a woman contacts to any man outside of family, hundreds of questions she has to face requiring explanation for that contact. Especially aged members of family think negatively and show doubt about the character of women who have affiliation, irrespective of reasons, to outsiders. Particularly young women are suspected with negative connotation if they talk or contact other males outside family whatever the reason is. This sentiment and restriction create complex situation when woman need to talk to outsiders. For example, a primary school teacher (female) discussed different issues with her male colleagues regarding their official jobs. Sometimes she also needed to go with male colleagues to attend different programs. Hearing these activities from neighbors, her mother-in-law started reacting to stop her affiliation with male colleagues. Her husband also suggested to obey his mother’s orders. Being informed about these internal family disputes, neighbors began to spread the news containing false information as that female school teacher had love affair with her colleague and then her husband was not allowing her to do so. That scandal brought much physical 61

torture continually on her by her husband because villagers were making different interesting stories every day. But her husband thought there might be something wrong with his wife and the solution is to torture her to keep her in line.

4.22. Strong social tendency to give the victim in marriage to the rapist or stalker: Rape and sexual harassment: In dispute resolution of rape cases, the foremost tendency of the victim’s family as well as the society is to give the victim in marriage with the rapist without considering the victim’s opinion. From the perspective of wider society, chastity (or virginity) can only be surrendered or exposed to a particular man, i.e. woman’s husband. The rape victim is considered as impure losing her chastity that ultimately leaves her unmarriageable. In contrary, the rapist remains free and does not need to face such stigma to affect his future life. In a society where marriage brings master status and identity to the women, people find giving the victim in marriage to the rapist as the best option. Consequently, without punishing the offender, people of victim’s family sometimes beg to the offender to marry the victim. In Sreepur (Gazipur), a male (55 years) forcibly raped a girl domestic worker (13-14 years). The victim’s family complained it in local Salish. The offender expressed his willingness to marry the girl and the victim’s family obeyed the judgment without any disagreement and gave their daughter in marriage (without her consent) with the rapist. Thus there are also few cases where man commits rape to ensure having that particular woman as wife.

Gap analysis: This social practice is claimed to be in the advantage (social construction) of both the victim - who does not remain unmarried and does not lose social status - and of the rapist, who avoids punishment. This social sanction has multiple legal and rights dimension. First, the rape is a heinous crime and gross violation of international human rights embedded in Core Human Rights Instruments. By concealing and or compromising this crime, the society and family members infringe the fundamental human rights of the victim i.e. right to life and 62

liberty, right to seek justice, right to fair trial etc. Secondly, the rape is a serious noncompoundable crime16 and punishable by the national law. The perpetrator is the accused of this non-compoundable crime. Nobody is authorized to compromise this non-compound crime17. The society and family members of the rape victim, who are in this process of compromise and or concealing, can be criminal charge against them. Thirdly, as mention before, rape victims are often encouraged by village elders and Shaklishder or Matabbor (Community Mediator) to “compromise” with the family of accused and drop charges and to marry the perpetrator. Such compromises are aimed at keeping the peace between families. Here societal philosophy is that a girl’s eventual prospects of marriage are more important than bringing a rapist to justice. Nevertheless, this is a totally misconceive and mislead notion of peace. The victim’s dignity and fundamental freedom are not considered in this socalled societal notion of peace.

4.23. Female sexuality and virginity of unmarried women is considered as women’s family honor: 4.23a. Rape and sexual harassment: Female sexuality and virginity of unmarried women is considered as a symbol of family honor. Any transgression engenders extreme indignity to the victim than that of the wrongdoer. In order to take vengeance against enemy, there are few cases where men seek to cause enduring harm humiliation to the opponents. As female sexuality is concerned to family dignity, rape is taken as a way to deprecate the enemy as well as to gratify their enmity towards the family. Thus women become the target of rape. In an instance of Bhedorgonj (Shariatpur), immediately before the ceremony of an arranged marriage, the bride’s family came into know about the bad character of the bridegroom. Finally the marriage was canceled from the bride’s family that caused hostility to the bridegroom’s relatives. Then once the male’s family gets opportunity, some young people abducted that bride’s younger sister to take the revenge. To demonstrate, there is another incident at Jaldhaka where a minor girl was raped by a man of over 50 years old. The man was more than fifty years old. 16 17

Section 376 of the Penal Code and Section 9 of the Nari O Shshu Nirjaton Daman Ain, 2000 Section 345 (7) of the Cr.P.C

The main reason was to take revenge against a family referring past enmity. Again at Sreepur (Gazipur), rape is committed to take revenge against the refusal of love proposal. These incidents are publicized highly to deprecate the victim as well as her family reputation.

4.23b. Child Marriage: As early as daughter’s marriage is complete, parents’ anxieties are relieved Many parents consider the present time as not good. They said “this time is very bad”. They think, only marriage their daughters off can ensure protection for their daughters from the harms moving around. As daughters grow up, they begin to face sexual harassment while going to school and moving in the society. The current incidents of rape and sexual harassment make parents anxious of their daughter’s security. They are tensed because any incidents of their daughter that has sexual connotation will deteriorate their social status. Parents face problems to marry their daughters off if there is any sexual scandal. According to most parents, there is also a trend recently emerged of making love affairs among children. Love affairs among children are comparatively more prevalent in Bhedorgonj. There are also some cases available of the elopement resulted from love affairs even during the childhood that damages the social prestige as well as dignity of parents. Participants of male FGD also reported that the propensity of children to engage in love affairs has been increasing due to the influence of satellite channels. A mother told: I have heard many incidents of elopements of daughters at childhood denigrating their parents’ status. I am afraid that my daughter can do the same thing. So I think it better to marry my daughter off before happening of any possible unwanted events.

In words of a primary school teacher, “one of my student belonged to class five has eloped few days ago.” In this case, it is difficult to prevent child marriage even though parents are not involved for this offense. Parents find a single solution of all these problems in marrying their daughters off as early as possible.

Gap analysis: The reason behind the non-reporting of the sexual incident, especially rape, is the patriarchal notions of ‘family honour’. Women sexuality is the heart of social and family concerns and social anxiety about women’s behavior in ways that informs prescriptions on their movement and their relationships. Honour is defined in terms of women’s assigned sexual and familial roles as dictated by traditional family ideology18. Thus, rape and other sexual abuse constitute violation of family honour. For the sake of family honour, the sexual abuses are not published.

The notion of family honour is a traditional attitude to control over women sexuality, which is a gross violation of women’s human rights. This ‘family honour’ notion impede women’s right to movement, right to express opinion, right to choice, right to seek justice, right to fair trial etc. According to article 5 of the CEDAW, State parties are duty-bound to take appropriate measures to eliminate these prejudice and customary norms and practices. The article states; “States Parties shall take all appropriate measures: (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;”

Again, in the article 11 of the General Recommendations 19 of CEDAW clarify the traditional attitude to women and girl and stereotype roles of men and women and provide appropriate suggestion to address.

In national legislation, most of the sexual violence was addressed gradually but the State actors took less initiative to address the discriminatory traditional attitude and stereotype roles of men and women. However, in article - 19.9 of the National Women Development Policy, 2011

Welchman, Lynn and Hossain, Sara. 2005. “’Honour’ crime, paradigms, and violence against women” (ed.), Zed books, p-5

express to take comprehensive, both public and private, initiative to change the patriarchal mindset but there is no specific regulatory change to address these.

4.24. Miscarriage of justice (corruption and abuse of power) encourages the torturer and discourages victims to seek justice: 4.24a. Rape: Corruption is a common feature in both formal and informal justice system in Bangladesh and rape cases do not experience any difference. Corruption leaves no deterrent effect on the rapist. Thus miscarriage of justice influences the reoccurrences of same offence.

At Bhedorgonj (Shariatpur), a girl (Nishi, belonged to class III) went to a shop for buying biscuits. The shopkeeper (40) asked her to go inside of shop for taking biscuits. When Nishi entered the shop, he shuttered the shop down. It was mid-day the road was empty around. But a woman noticed the scream of the girl from far away. The women along with some villagers reached the place. They asked the shopkeeper to open the shutter. Before opening the shutter the shopkeeper forcefully hide the girl into a large box by taping her mouth and mobility. But Nishi was groaning and people rescued her from the large box. A case was filed however the village head man sheltered the criminal and negotiated to local police station by taking bribe. Moreover the rapist threatened the victim’s family and the witness (woman). They made propaganda that the victim’s family filed the case with mal intent to trap the accused person. The witness woman was alleged to be a part of that conspiracy by the accused. Though the village head man was working in favor of the accused, he also demanded money from victim’s family to ensure justice. Eventually the witness was refused to go the court because of threat. And the victim’s father did not have enough money to run the case. Meanwhile local media were making pressure that was also attenuating over time. Because of very limited possibility of facilitation from law enforcing agencies, victim’s father agreed to withdraw the case and settled it informally. The accused gave 65,000 taka to victim’s family secretly for withdrawing the case.

In Godagari (Rajshahi), a girl was gang raped. Victim’s destitute family went to local police station, but police officers suggested the family not to file the case because the victim was taken bath intensively several times that ruined most medical evidence. Without limited However the rapist managed the Salish (informal court) by means of money and the Salish (informal court) men ordered the convicted to give one lack taka for refraining from such allegation. As a result the girl severely shocked and committed suicide.

In Jaldhaka a girl was raped about a year ago. Though social workers went to the victim’s house and requested victim’s family to file a case but victim’s father did not even converse with the NGO activists. Victim’s father expressed his firm believe that he would not get justice because he was very poor. Instead filing a case would bring her daughter in popular public discussion ruining her future life.

4.24b. Physical Violence In some cases, wives complain tortures against them to local leaders or representatives. At Salish, there is hardly the justice is ensured. The culprits bribe to the arbitrator and thus buy justice in favor of them. Sometimes the blame goes to the victim. Most of the time the solution is to make commitment for not to torture further.

4.24c. Physical Violence No remedy for victim is there if the physical assaulter is from powerful background: Men from powerful families justify their actions and control the society in their favor. Many powerful people also have nexus to law enforcing agencies and local authorities what they can manipulate.

4.24d. Sexual Harassment: Eve teasing by powerful is common in every area. If the teaser is powerful then Salish or police is not likely to take any action because of their internal vested interest and nexus. Basically village Salish runs by powerful person of the society. They are normally unwilling to hear the case or they release the offender with minimum punishment. The most alarming thing is that victimâ&#x20AC;&#x2122;s family is unable to complain due to the threat of powerful criminal.

A women employee (vadargonj) said she was divorced with three children. Her boss frequently harassed her sexually. She does not able to take any action against him. If she took any action, she would lose her job. Therefore, she did not protest or complain to anybody because she was the only earning member of the family and had to feed her children.

A 15 year girls said their school teacher beat the girl when they did not read or do home work. But the main problem was that the teacher used his hand for punishing girl and his hand become out of control over her body in some extent.

4.24e. Child Marriage: Police can be managed by bribery when people try to desist early marriage. If parents can manage the police once, there will no further disturbance. Local journalist and Union Parisad (UP) member noted the corruption of police in that case and said, â&#x20AC;&#x153;although administration of Upzilla level helps to prevent early marriage but there is money involve in cases of policeâ&#x20AC;?. Again, there is nothing to say where people of upper class or an influential/ powerful person are involved in the giving child marriage of their daughter. But there is much more to say if the same thing is committed by a person who is suffering from poverty or not possess any such social status.

Gap analysis: Article 8 of the UDHR declare that, “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.” Rape victim’s right to get effective and speedy remedy by a national tribunal is a fundamental right. As mention before, rape is a non-compoundable offense and tried by a special tribunal under a special law. The court system of Bangladesh is a sluggish and the case disposition is painfully slow. Besides, the conviction rate of the criminal cases, especially VAW related cases, is very low (around 12% - 15%). The major obstacles to seek justice include stigma, insecurity, lack of support, fear of reprisals, and intrusive or discriminatory procedures during investigation and or prosecution. A significant concern relates to the existing procedures for investigating, prosecution, collecting medical evidence etc. The relevant laws regarding the definition, investigation and prosecution of the rape are contained in the Penal Code 1860 (Sections 375 and 376), the Nari O Sishu Nirjaton Daman Ain, 2000 (Women and Children Oppression Restraint Act, 2000), the Criminal Procedure Code 1898 and the Evidence Act 1872. Most of them are not update enough to dispense qualitative justice to the justice seekers. Therefore, the law and the justice system could not contribute to decrease the rape incident in the country. There are several shortcomings of the law and the procedure in dealing with rape cases. The major limitation for rape cases are the process of collecting evidence. Cultural behavior and social norms reduce i.e. not to disclose the incident, shaming and stereotype social impurity of women body etc. the quality of evidence. Another major concern issue about the collection of medical evidence of rape; that is an unscientific and intrusive “two finger test” or “virginity test”, has no evidential value and scientific merit19.

Criminal law experts, lawyers, police and forensic scientists all over the world have concluded that this kind of test has no evidentiary value, no scientific merit, breaches national and international human rights standards, compounds the victim’s trauma and paradoxically amounts 19

Chowddhury, Dr. Md. Habibuzzaman(2013), Medical Evidences Collection Practice in Rape Cases, Papers presented at National Conference on Medical Evidence Collection in Rape cases: Practice, Procedure and Policies, organized by BLAST & ICCDR.B

to a further sexual assault. Yet this test remains mandatory in Bangladesh in cases of rape. It appears that most of the victims/survivors are not eager to seek legal redress by formal justice system on rape cases.

4.25. The practice of immediate cleanliness (after being raped) sweeps away medical evidence: Rape: Rape infringes into womanâ&#x20AC;&#x2122;s honor by leading her impurity. The first task a victim does or forces to go is to take bath as many times as possible until owning the sense of cleanliness. This practice washes away medical (seminal) evidence that is important before the court to win the case. This practice ultimately hit against winning of victim at trial stage, i.e. dismissal of the case, that lead the victim more stigmatized position alleging her for filing false case. This practice of immediate cleanliness before performing medical examination by competent doctor influences perpetrators acts intensely perceiving that rape cases do not see light.

4.26. Porn videos are available digitally at local computer shops and drugs are also available Rape and Sexual Harassment: Traditional norms and practices have been diffused and transformed by the influence of digital media. With the connotation of rape, the influence of porn videos and drug abuse is noticeable. Porn videos have been becoming available digitally at local computer and cellphone shop unleashing the libidinal instinct of adolescent and also adult males. The public viewing of private issues in distorted and commercial manner foster a social construction of commoditization of female body guiding the use of it whenever found vulnerable.

Drug abuse is another cause to demoralize males that attaches a social label of deviance to the drug abusers leading them to antisocial behavior including sexual recklessness. Losing 70

social status and prestige in ‘long-run demoralized behavior’, the practice of these people is to seek opportunity to gratify their sexual desire even if force is needed. For instance, at Nikli (Kishoreganj), some year ago a reputed singer was forcibly raped by some deviant males (drug abusers) when she came to perform at a local concert. The availability of adult contents to people and the practice of drug abuse trigger parent’s fear of deviant (or anti-social) males regarding their daughter’s safety.

4.27. Girls with absence of guardian are targeted for violence 4.27a. Rape: Without the guardianship or with incapable guardianship of a male, girls are vulnerable to face trouble. This vulnerability to harm is neglected by wider society that indirectly allow perpetrator to commit rape to those girls. In Bhedorgonj (Shariatpur), a street girl was raped and murdered last year but the victim’s father (a beggar) could not take any action against the criminals from powerful background because of his social and financial disadvantaged position. He was far away from the formal and informal justice system of the society. Another type of trouble girls face whose father’s stay abroad or dead. The absence of father engenders perpetrators to believe that those girls are not protected and can be abused. Especially some close relatives seek opportunity to rape in absence of such protective guardianship of father. Thus under the guardianship of mother, step-father, or other close relatives, the incidents of rape are committed under the shadow of privacy. Similarly, girl students who require to travel long distance to school alone through forest are vulnerable to rape because of the absence of guardians to escort them. A respondent from Jaldhaka said “I am very much anxious about my girl life because she is being matured; I try every time to keep somebody with my girl”. Her main reason of anxiety is social insecurity of women. Without capable guardian a girl may easily be raped. The construction of social insecurity strengthens by the media news of raps around the country.

4.27b. Forced Marriage: Where father of the family is in abroad, mother thinks that, “What to do now? Better to make her marriage arranged.” Father could control her. Now in absence of him, better mother can send her husband’s house by marriage. Failure to control the daughter is the main reason for forced marriage. Again many times if mother understand the fact girl’s grandparents said that “of course she is matured enough as she get caught at the garden recently.” That is our society is not yet ready to accept the friendly relation between boys and girls so that these problems creates.

4.28. Men try to exclude women from participating public forums: 4.28a. Rape: In spite of women are the integral part of society, they are not allowed in Salish to participate in way as their male counterparts do. Though there are women representatives in rural areas, their opinions are ostracized and thereby ignored if contrasted to patriarchal social structure. Many male respondents regard this practice of excluding women as usual referring that women are not capable to understand and decide judiciously. There are several case found in Jaldhaka where women (victim) are not allowed in Salish. Moreover many female approve the views of the male’s supposition of woman’s inferiority. Due to suppressed voice of women in public forums, the true sufferings of women due to rape that need to be compensated by proper punishment are not realized in the society. Thus the limited response of traumatized rape victims is not properly reflected through men. In the male dominated public forums, almost everything have connotation favoring rapist instead of favoring the victim. That is why the voice of women remains closed and victim does not get justice.

4.29. Gender insensitive environment at work place inopportune girls to be sexually abused: Rape and Sexual Harassment: Garment workers from Bauniabad (Dhaka) reported they intermittently abused sexually by their superior officers. In its worst situation, there are also few incidents of rape by 72

supervisors that are not published due to fear of losing the job. In a factory at Mirpur, a supervisor used to harass the night shifted working women. At a time all harassed women together protested against the superior boss. Journalists picked the news up and published it in some media. But eventually nothing happened. That officer was transferred to another section of the same factory but was not punished in anyway. Similarly, female (particularly girls) domestic workers are confined within the employerâ&#x20AC;&#x2122;s house in a way that creates a suitable environment for males to commit rape against those domestic workers. The news of victimization of domestic workers is not even come into public. Likewise, an NGO worker also reported her experience of sexual abuse by her supervisor.

In practice, there is hardly any gender policy protecting women from sexual violence at garment factories and domestic services where disadvantaged womenâ&#x20AC;&#x2122;s concentration is paramount. Few organizations have gender policies but lack in its implementation. These practices of sustaining gender insensitive work environment favor men to abuse their power against women to gratify sexual desire.

4.30. Nature of movement required by particular jobs makes girls vulnerable to sexual violence: Sexual harassment and rape: The garment workers need to move not only at day but also at night based on the shift of duties. The problem intensifies at night because there is virtually no trustworthy security for women. Garment workers (at FGD) exemplified the movement of herds to explain their situation. As an animal alienated from a herd becomes more vulnerable for being attacked by predators; a woman garment worker alone in the way to her workplace becomes vulnerable. This type of vulnerability is also available in rural areas but in different pattern. For example, a school girl of Bhedorgonj was raped during her return to home from school. The school was far away from her home and she was not accompanied by her classmates. The alleged perpetrator (25) stopped her and drew her forcefully to a paddy field where she was raped. 4.31. Repeated rape by blackmailing to circulate the video document of first rape: 73

Rape: In female FGD of Geneva Camp, women report that rape frequently occurs in Mohammadpur. Many male first they try to engage a female in love and try to build a close relation with the targeted female. While getting the opportunity, they rape the woman and make a video clip based on their forceful rape. They use this clips for further rape and sexual harassment. They also threatened to spread this video in internet if she violate their bindings or complain anybody about the incident.

4.32. Stalking is considered as a credit/ smartness by boys: Sexual Harassment: Generally young boys assume eve teasing as a credit. The vagabond male teens, unemployed adult who usually sit near street, school, tea stall etc. are the main wrongdoer behind the eve teasing. They take it as an entertainment. For the harassment of the girl, the teaser use indecent words towards the girl. Teaser thinks if they are able to bring a girl in his love it will be his credit. For example, if a boy has love affair with a beautiful girl his prestige enhances within his friend circle. Many people think it is a part of modern life. The boy who has in love with many girls, he thinks himself smart.

4.32. As long as daughters are remained to marry, neighbor’s tantalizing continues: Child marriage and forced marriage: Despite parents are unwillingness to marry their daughters off at childhood, they are forced to do so by social pressures. Especially the aged people always talk about the marriage of girls by making comments as “the girl is becoming old.” Neighbors ask various questions to parents regarding their daughters’ marriage. Neighbors ask “What is the problem with your girl?” or “Does your daughter have love affair?” There is also silent competition among neighbors to complete the marriage of their daughters in order to prove their daughters demand in marriage market. Whoever successfully completes his/her daughter’s marriage, he/she asks other neighboring parents: 74

My daughter had great demand for marriage because she was very beautiful. Why does your daughter still remain unmarried? Has she not enough demand for marriage that my daughter had?

These questions attack parents’ prestige and thus influence to hasten girl’s marriage. Again, neighbors and relatives continue to bring the news of prospective bridegroom to girls’ parents. These practices that resulted into huge social pressure motivate parents to complete their daughter’s marriage in an early age.

4.35. Nothing to bother if the bridegroom is highly demanding, especially foreign migrant: Child marriage and forced marriage: Parents do not wait if foreign migrants are confirmed as bridegroom. Particularly in Bhedorgonj, the best bridegroom means a man migrant abroad especially to Italy. Parents of girls have no objection even if the age of bridegroom is far older than the girl. The main criteria parents of girls consider are affluence and social status that the foreign people have. Parents think, their daughter will be live a solvent life.

Gap analysis: Article 16 of the UDHR and the CEDAW clearly declare every men and women of full age have the right to marry, without any limitation due to race, nationality or religion. Therefore, here the bride and bridegroom’s profession is not a matter of the legal and human rights consideration. In this practice, the major legal and human rights consideration is the free and full consent of the intended spouses. Article 16 (2) of UDHR sates that, ‘Marriage shall be entered into only with the free and full consent of the intending spouses.’

The Muslim, Hindu and Christian customary law allows mandatory requirement of free and willful consent of the both bride and bridegroom. However, in Hindu customs there are some responsibility to confirm the consent of the bridegroom’s father. Therefore, it is the major concern whether both bride and bridegroom provide their free and full consent in the marriage with a foreign migrant.

4.36. Demanding bridegrooms choose girls of tender age for marriage: Child marriage: Migrants coming from various countries especially from Europe and Middle East are considered lucrative by the parents for their daughters. On the other hand the man who comes to marry chooses one who is attractive and in tender age. If the girl is good-looking then father of the bridegroom didn’t consider the age of the bride. In cases of marriage, the criterion to choose a bride is girl’s figure. Males think that, aged girl’s beauty decreases with their age. So men prefer girls at childhood for marriage. Maybe her age is twelve but the main factor she is chosen by the bridegroom’s side. Sometimes it has happened that girls are chosen in the morning and marriage occurs in the evening.

Especially physical beauty of a girl is another important factor for early marriage. According to the parents of girls, at early age, girls look more beautiful. Numerous proposals for the marriage of daughter begin to come to parents if the girl looks beautiful. Guardians of male side also continue to annoy girl’s parents until being got married. As a result family of the daughter gives her in marriage to get rid off from this annoyance. Sons of well-off families of bridegroom search a beautiful girl for marry and if they find one such category, they do not think much about the age of the bride.

Gap analysis: These practices have dimensional legal and human rights aspect. First issue is the age of marriage. The UN Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, 1962 in its article – 2 state that, 76

‘States Parties to the present Convention shall take legislative action to specify a minimum age for marriage. No marriage shall be legally entered into by any person under this age, except where a competent authority has granted a dispensation as to age, for serious reasons, in the interest of the intending spouses.’ In the year 2003, the CRC Committee in its General Comment No. 4, recommend to fix 18 years for both male and female the minimum age of marriage. Based upon these international obligation and other issues, Bangladesh government have fixed the eligibility age to enter into a marriage contract as 21 years for men and 18 years for women by the Child Marriage Restraint Act, 1929. This Act is applicable for all religions and other faiths over the country20. Historically, the Muslim Sharia law allowed any person of sound mind who has attained ‘puberty’ might enter into a marriage contract21. However, there was no express provision of the age of ‘puberty’. It was practiced several explanation. The same nature of customs was found in Hindu Shastric law. They allow a marriage of the minor age of both parties, which was legally a valid marriage. Due to the patriarchal notion of chastity and women body physique, all most every customary law encouraged child marriage.

4.37. Love affairs at childhood make families forced to marriage their daughter early: Child Marriage and forced marriage: It is now happening to engage in a relationship or love affair at early age both in urban and rural areas. It has been seen in the areas under study that sometimes children commit love marriage. One father opined that, in few cases children are responsible for that. Before understanding the reality of the world they get engaged in love affair and think that they have done a great think for them. They do not think that this silly thing could jeopardize their life. There is emotion among them in getting engaged in love affairs but no sign of conscience. Because children are getting engaged in relationship early of their age parents feel forced to give their daughter in marriage to keep their social status intact. This is another reason that parents are eager to give their daughter in marriage without considering their age. 20

Section-1(2) of the Child Marriage Restrain Act, 1929 th Hidayatullah, M and Hidayatullah, Arshad (1996), Mulla’s Principle of Mahomedan Law, 19 Edition, p-223

4.38. Early marriage requires less amount of dowry: Dowry is curse for every family who has daughter. If the family manages to marriage their daughter off at childhood, the amount of dowry demanded by the bridegroom side seems to be lesser to them which encourage early marriage.

4.39. Raising the age in the birth registration from Union Council to legalize early marriage: Child marriage: One female member of Ramvodropur Union Parisad (Bhedorgonj) informd that she does not allow raising age in birth registration certificate. She knows that early marriage is like a contagious disease for the society because she worked in the National Nutrirional Program for fourteen years. Parents did not agree to the comment of woman member. Parents told they can manipulate birth registration by bribing local representatives. By obtaining birth certificate, parents think these early marriages legal because they change the age into eighteen years from Uniion Parisad. Altough one advocate opines that birth registration document is not admissible evidence before the court but parents present that as an evidentiary document during child marriage.

There is another tendency to legalize age for marriage by Notary Public. When there is an attempt to stop early marriage, people brought written document of increased age as evidence from Advocates of town. As a result there is no fruitful result in endeavor to stop early marriage. A female respondent informed that, the occurrence of early marriage is lesser in municipal area. She also informed that, her nephew aged 15 or 16 got married in the last month. Even NGO activists couldnâ&#x20AC;&#x2122;t do anything about that because there is nothing to do if anyone affidavit age from court or Notary.

Gap analysis: Right to have a birth registration is human rights for all children 22. According to the Birth and Death Registration Act 2004, Mayor or an officer on behalf of him/her of the City Corporation and Municipality; Chairman or an officer on behalf of him/her of the Union Council are authorized, in their respective territory, for birth registration and to issue birth certificate of a child. It is a mandatory duty for these authorities. Before this Act, birth registration of a newborn was not so organize. Now, the birth certificates issued by the above mention authorities have evidential value23. If any authorities issue a birth certificate concealing the accurate age of the child is a crime and punishable under this Act24, though the penalty is nominal. Another issue is the declaration of a person about his/her age before the Notary Public. Notary Public has no power to issue a birth or age certificate. He/she can authenticate anyoneâ&#x20AC;&#x2122;s declaration about age before him/her. Therefore, the legal burden goes to the person who made the declaration. If the age differ with the certificate issued by the above mention legal authority and the declaration before a Notary Public, than the certificate issued by the legal authority will be prevail in eye of the law.

4.40. Neighbors and public representatives resist less because of their relation or vote bank: Child Marriage: Neighbors and relatives do not resist child marriage fearing the damage in relationship with the brideâ&#x20AC;&#x2122;s family. Neighbors and relatives do not inform the authority to stop because it will make them accused of breaking the marriage. Parents of daughter will allege the neighbors to break their daughterâ&#x20AC;&#x2122;s marriage because of envy or enmity. Parents do not think that, by wishing to stop early marriage, people try to help them. Again, marriage ultimately occurs if there is obstacle or not in the mean time the relationship is just ruined. Local representatives do not serious protest against child marriage because that protest will attack his/her vote bank. Nobody wants to break social and other relationship. That is why many of them do not 22

Article 7 of the CRC Section 18 (1) of the Birth and Death Registration Act, 2004 24 Section 21 of the Birth and Death Registration Act, 2004 23

refrain early marriage. Again many of them think that, if I make trouble to other person’s daughter’s marriage, they might make the same thing inimically when I will give my daughter in marriage. “So why do we make such animosity?”

4.41. Demand of daughter decrease in marriage market as the age increases: Again in cases of aged girl, male side wants to know why her marriage has not been yet happened. They make suspicion of the daughter about many things. In many instances, it is difficult to give the daughter in marriage whose age is relatively high. Many bridegrooms think that aged girls involve in love affairs. School going female students or girls with tender age understand love factor less than college girls. So bridegrooms want to marry a girl at early age because if they go out of home or abroad for long time, girl who are much adult or had a love affair may possess a problem.

4.42. Parents prefer early marriage if the girl is not good at study Child marriage and forced marriage Sometimes there is instance like daughter is not good at study or not attentive enough, then parents make decision to unite their daughter marriage when they get a good bridegroom. Only educated families, who want that their daughter will also be properly educated, do not give their daughter in marriage. But if the daughter is not attentive than these educated people also arrange marriage for their daughter at childhood.

4.43. Girls opinion is not valued but suppressed: The respondent herself is a victim of forced marriage. He had proposal of marriage before S.S.C. exam. But she had taken time from her family till her exam gets finished. At last she had to agree because of her grandmother’s pressure. The marriage was holding back with the help from her father till her exam. She had an intention for further study but for the sake of her family’s pride and peace she agreed to marriage. Her exam result was published when she is in her husband’s house. Despite she did well in the exam, she was not allowed to 80

pursue higher education. Because her husband was less educated and didnâ&#x20AC;&#x2122;t want that her wife completes higher education. He thought that highly educated wife would diminish his control over her wife and decrease his respect. A big difference in terms of education and age in the mental construction causes an end of their conjugal life, i.e. divorce. Her husband suspected her and thought she had an extra marital relation with other man. Thus people think that there is no need to take opinion of girls regarding marriage. Almost everyone thinks that parents order must be obeyed and children do not infringe their order. If the girl wants to marry of her own choice parents lusually deny that and for the sake of their respect and pride give a quick exit by her forced marriage.

4.44. The pre-requisite of marriage is dowry: Many marriages are broken before it held if the brideâ&#x20AC;&#x2122;s family fails to fulfill the demand of the male side. That means, in order to handover the daughter, one must have given dowry and that is the condition. Until the dowry is given, bride is not taken finally into the family by the bridegroom. They take the girl only when dowry is given as per the demand finalized before. Problems that arise if the dowry is not given after marriage included divorce, physical torture, in many times even murdering the wife. So for the sake of daughters happiness, dowry is given even by selling the single piece of land.

Gap analysis: Dowry, a harmful practice, is completely a violation of human rights. Article 16 (1) of the UDHR state that, men and women are entitled to equal rights as to marriage, during marriage and at its dissolution. Again in article-16 (1) (a) of CEDAW affirm that, men and women has same right to enter into marriage. There should not any pre-requisite of dowry in a marriage. Therefore, the practice of dowry violates human right and dignity of a woman.

Generally, dowry means the money, property, or material goods that the bridegroom or his family demands and receives from a brideâ&#x20AC;&#x2122;s family as a consideration of wedding. In the Muslim customary law, dowry is totally illegal (haram) as like receiving interest and bribe in 81

Islamic law. At the same in the Christian customary law, it is also illegal. However, Hindu customary law admits this practice.

In our national legislation, demanding and giving or taking dowry is illegal and punishable under the law. The Dowry Prohibition Act, 1980 define dowry as; “’dowry’ means any property or valuable security given or agreed to be given either directly or indirectly(a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other person to either party to the marriage or to any other person; at the time of marriage or at any time before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mehr in the case of persons to whom the Muslim Personal Law (Shariat) applies.”

The law imposes punishment of five years imprisonment with fine those who directly or indirectly demands any dowry from the parents or guardian of a bride or bridegroom, those who gives or takes or abets the giving, or taking dowry shall be punishable same sentence. This law is applicable for all citizens of the country including Hindu followers. Therefore, the dowry practice, a practice that restricted women’s dignity and fundamental human rights, is illegal and a crime punishable under the national law.

However, the application of this law is facing a significant procedural loophole. That is lack of ‘independent witness’ in trial. After marriage, the women live with husband in husband’s house and surrounded by husband’s kith and kin. While in trial, nobody is found as independent witness and that favor the defense.

4.45. It looks unsocial to ward of new bride as well as son-in-law in empty hand:

Dowry: One women respondent (ex- UP member) didn’t give any dowry of her daughter marriage. But she gave a gold ring and chain. One male respondent claimed that he didn’t take any dowry but taken gold chain and a ring as gift in his marriage. It is just a social practice to give gifts to new son-in-laws.

It is also social practice to ornate a bride as much as possible at the marriage ceremony. Sometimes a bride looks like “moving jewelry shop.” Golden ornaments illuminate the bride and the occasion.

4.46. The belief that gifts are used by the daughter which make her happy: Sometimes the bridegroom of poverty-driven family does not involve in any job. He earns his living with the money which he gets from dowry. While taking dowry it is said to the bride’s parents that – “He will be your son in law. If he can do well in business, it will make your daughter happy.” In middle class family dowry is given in that belief that boy will take care of the girl, so the girl’s family given dowry willingly. The bride side thinks, the utilities and ornaments that are given will be used by the girl. Again a solvent bride when goes to a poor husband’s house feels shortage of many things which she used to use in her parents house. For example one women respondent said – “there was no shortage of daily utilities in her parent’s house. But in her husband’s house there is a bed without foam. Although the bridegroom side didn’t demand anything but to remove her misery her father sent daily necessaries. In that case, the tendency is such that “dowry makes the daughter happy.” Again gold ornaments are useful in the time of severe hardship. So the tendency is to give more gold ornaments that keep the brevity of the daughter intact. There is so much utility sent from bride house (if girl’s parents are resourceful) even a salt case is not excluded. That means there is no chance of facing difficulties of the daughter. Another woman public representative informed that, her husband’s nephew was get married a week ago. Although there was no demand of dowry from male side girl’s father given steel 83

mate, showcase, dressing table and a table for her daughter use. The advantage of giving such thing is that it can be used by the daughter as well as it can be transferred if they separated from husband’s father house. Previously silver made utilities like pot, mug were given for daughter use. And now rich families give everything for their daughter and son in law which is becoming a practice in village and town.

4.47. Gifts are more important than the bride herself to the people at or around husband’s

house: Bride suffers numerous criticize from society if there is no dowry or gifts given. The matter of non-giving of gifts has seen negligibly by the society. In every marriage the exchange of gifts gets the upper hand and great importance. What has given, what does not, the quality of things that are given etc. are frequently asked by the guests around the bride. They want to see what gifts are sent from the father’s house rather to see the bride. Those gives dowry are praised by the member of the husband’s house and they tend to say it to everyone blissfully.

4.48. As the dowry increase, it also increase the social status of bride, bridegroom and his family: Dowry makes status between the brides of a family. The bride who bring the higher amount of money from her father’s house staying on the top and gets more attention from her father in law and mother in law than other brides. In case of dowry there is a matter of show up to the society. It draws more importance to those who get much. Material things are also related to social status. One male respondent of Bedhorgonj informed that, his cousin was get married few days earlier. Her marriage was fixed with a Dubai return migrant (now he is a businessman). Because bride’s family is middle class they said that they couldn’t give anything to the bridegroom and the party accepts it. But just after two days of the marriage father of the bridegroom said to bride’s father while come to visit their house that they didn’t give anything that makes his son ashamed to his friends. Bride’s father replied there was nothing to offer by him which was 84

also assured by them. This make bridegroom father angry and said there was no greediness for your property but you defame my son by not given anything. It has become a rule to give something even though there was no demand or need for it.

4.49. The practice of depriving women from inheritance A few women told that there is no guarantee of getting the wealth of father by inheritance, so better getting as much as possible during marriage. In our country there is a practice that married daughter usually not gets any wealth from her father. So it is better to give her some gifts in her marriage. Sometimes the daughter herself pressurizes parents to give as many as gift to her daughter.

4.50. Dowry compensates the lacking of a daughter: The amount of dowry sometimes depends on the degree of girl’s beauty. Many times where girl is beautiful male side tend to make all the effort to take her as a bride. Sometimes there is no demand of dowry if the girl involved in earning or contributes financially to husband’s house. The demand of dowry increases if the girl is ugly, i.e. short, fat or not fair. One married woman said – “she might be short and black but her father’s money is not so.” Again there is black woman who is known to all as sober, pious. She also has primary education too. Because of her skin color, male side demands a high scale of dowry which his family is not able to meet. As a result, her marriage has not yet been held although she is now at the right age of marriage.

Beauty of a girl has social value. The bad effect of dowry is relatively less towards the beautiful girls. The sufferings of so-called ugly girls are enormous. For instance, two elder sisters of respondent were married when they were given dowry. But the case is different for younger sister who was beautiful. As a result no dowry was demanded for the younger sister. But this was not seen in case of the elder sister as she was not so beautiful. Again no dowry was given in her cousin marriage because she was literate and also involved in a small job.

4.51. Match-makersâ&#x20AC;&#x2122; who demand commission:

There are few match-makers who accept commission on the amount of money they can settle as dowry in favor of the bridegroom. So there is a constant endeavor to increase the amount of money from ghotok side. As the amount of dowry increases, he gets more commission. Beside there is an extra demand of those ghotok who can bring higher amount of money. The respondent himself wrote an article in newspaper about the negative effect of the activities of these Ghotoks which creates unhappiness and also disrupt peace to many families.

Chapter 5: Some Case Studies 5.1. Case Study-1: Child Marriage Like many other areas in Bangladesh, Child Marriage is very common at Nikli, Kishoreganj. However, the legal prohibition for not to allow children to be married is known to local people due to various awareness activities implemented by government and different NGOs. But they hardly realize the guilt by committing the offence of child marriage rather they view child marriage as traditional practice. There are several village where it hard to find any unmarried girl below 13-14 years. For instance, child marriage is very common in Shingpur village. In general, people think that good bridegroom will not be available for the girls of higher age that is why they are inclined to ensure their girls marriage at childhood. Rahima Begum (alias) completed her daughter’s marriage at the age of fourteen. Her daughter’s name is Nova. Now Nova is eighteen years old. According to Rahima (40), her daughter was beautiful. That is why she was not anxious about dowry for her Nova’s marriage because beauty itself is treated as capital or has a social value that attracts good prospective bridegrooms. Thus, in marriage of beautiful girls, huge dowry is not demanded by the bridegroom’s family. But Ms. Rahima became worried hearing the news and hearsay, from local people especially from neighbors and relatives, of increasing incidents of sexual harassment and rape. And she prayed as no bad incidents would happen in case of her daughter till her marriage because girls with stigma are very difficult to get married. There are some other factors she also considered. She thought her daughter, at the age of adolescence,

might be victimized of sexual

harassment (namely eve-teasing) or might be involved in love affair, and thereby elope, that will deplete the dignity of entire family. Again Ms. Rahim thought that as her daughter grew older her beauty would wear out then a higher demand for dowry would be attached to her daughter’s marriage. In all these respects, Ms. Rahima realized it would better to think for arranging her daughter’s marriage in an early age so that she can be released from stress regarding her daughter and keep better environment within her family. As soon as Rahima’s daughter grew 11/12 years, she began to talk to her husband about their Nova’s marriage frequently. However, Rahima’s husband did not serious for the marriage of her daughter considering that Nova was beautiful and there would not be any problem to get good bridegroom for her. But there were increasing social pressure in various ways for Nova’s marriage that made him to rethink about the marriage of his daughter. For example, while getting information of a good man as prospective 87

bridegroom Ms. Rahima’s neighbors or relative brought news of that man to arrange marriage of Nova. As Nova grew up, neighbors became frequent to ask the updated status of Nova’s marriage proposals from different sources.

Meanwhile, Nova completed primary education and enrolled at secondary school. However, neighbors advised Ms. Rahima for not to send her daughter to high school because there would no need to educate Nova very high, rather it would be better to arrange her marriage. They also suggested that with higher education, girls’ character might ruin in a co-educational system. Ms. Rahima’s relatives expressed their anxiety as Nova’s beauty could be a problem in the way to school. Some people informed Ms. Rahima that Nova had some boy classmates and she had friendly affiliation with them what Ms. Rahim took into consideration in negative way. By the influence of neighbors and relatives, Ms. Rahima became very anxious about her family thinking that if Nova involved in any love affair her family prestige would exhaust. In the mean time, the news of eve-teasing and its negative consequences became widespread in media and in discussions in public spaces. There was another influence on Ms. Rahima’s husband from his neighbors. His neighbors tantalized him saying that “I completed my daughter’s marriage. Because of her beauty and my financial resources my daughter had a great demand to son’s families. What is about Nova. Do you not get marriage proposals for Nova. Does not Nova enough demand in marriage market.” Rahima’s husband felt embarrassed hearing these entices. So he also decided to complete her daughter’s marriage. Because the proposals were available for Nova’s marriage, Ms. Rahima and her husband analyzed the proposals and chose a man naming Nazrul (35) who was immigrant to Italy. They did not bother the age difference between Nova and Nazrul because Nazrul had a great deal of financial resources and social status as well. Ms. Rahima reported that it is the social tradition that people do not refrain to arrange their daughter’s marriage as soon as they have a good and reputed man for their daughter irrespective of their age. At first, Nova did not have consent for her marriage because she had inclination to continue her study. As Nova opposed to marry, her family and relatives began to think that Nova might have love affair to other boy and because of that affair Nova was refusing even this good proposal of marriage. So to disprove her family’s presupposition of love affair, Nova gave her consent. At the same time, Nova’s female cousins influenced her to marry by a perceived future happiness and possible gaining of gold, dresses, and personal resources.

A problem aroused when some anti-child marriage activists came to know about the arrangement of this marriage. They requested to stop this marriage noticing that Nova’s age was below 18. Nova’s family expressed their tension as they might not get a good man like Nazrul if Nova would grew so much. Ms. Rahima told that if the activists wanted to stop this marriage, they must to take the responsibility to bring a better man than Nazrul. The activists said that it was not there responsibility but to inform Nova’s family about the negative consequences of child marriage as well as legal binding to follow. The activists said to inform the police and local government authority. Then Nova’s family became highly tensed what to do. The neighbors said to Nova’s family that the people who came to stop Nova’s marriage might have an interest like giving Nova’s marriage to that people’s relatives. That was the reason the activists came to break this marriage arrangement. Nova’s family was more interest to complete this marriage because Nazrul’s family did not have demand for dowry. Meanwhile, Nazrul’s family kept their pressure continued to complete the marriage event in harry and they informed, if late, they would pursue for other girl otherwise. Then Nova’s family shared all these problems to some of their relatives residing at town and discussed to find possible solution to make this marriage successful without any legal violation. With the help of a lawyer, they obtained an affidavit increasing the age of Nova and thereby complete the marriage of Nova with Nazrul. Though Nazrul’s family had a promise to allow Nova to continue her education, eventually that would not be realized. Nazrul was not interested for her wife’s higher education because he himself did not complete high school education. As a social perception, the husband’s prestige would lose and the wife would be intractable if wife became more educated than her husband.

5.2. Case Study: Sexual Harassment (Stalking) Women in our society suffer from the attack of the filthy comments when they use to go outside. Most of the people, especially, the aged women believe that the girls whose lifestyle is rough and character is bad experience such indecent and abusive comments in the street. But the real situation is different, which we can understand from an incident of the sexual harassment incident experienced by Sheuli (assumed name), a 24 year old married women, who live in Vedorgonj of Shariatpur District.

Sheuli (24) use to wear veil (Borka) when she goes outside home. Few days ago, she had to go to Hospital for five consecutive days because of looking after one of her relatives admitted there. At the first day on the way near to hospital, a group of 4-5 boys tease her by an indecent comment like “though the body is covered but there is no shortage of stock inside” (Opore dhaka thakleo vetore maler ovab ney) to her. The next day she heard from the boys that “the girl is zesty” (Malta to Heavy). She just turned back and looked at those boys but did not tell them anything. Observing her silence the boys told that “the girl is saying nothing/ the girl has nothing to say” (Malta kisui to bolena dekhi). She felt embarrassed. The woman recognized one of the boys amongst them as she knew him before. Without sharing this incident to any male guardian first, she shared it with one of the local woman guardians of her area. The woman guardian advised her to use the alternative route to hospital and she (women guardian) also contacted with the boy who was identified by Sheuli. After counseling by the women guardian, the boy begged pardon and assured that kind of occurrence would never be committed by him.

Thereafter, Sheuli started to use the previous route to go to hospital when she came to know that the boy pleaded not to commit eve-teasing again. Another reason to use the previous route was its distance was shorter than the alternative one. Unfortunately Sheuli experienced the same thing to happen again though not by the boy begging pardon in previous day. The boy who begged pardon in the previous day prohibited the others not to tease. And as a result they started wrangle amongst them. Sheuli, as a protest, then said she would hit the teasers by shoe. In response the boy, who just teased Sheuli reacted and said, “Ok, come on! Hit me if you can.” Sheuli and the boys started wrangle. After that the people, who were around of them, came to stop them and restrain Sheuli not to talk with the boy. They also told that the boy is addicted and people never used to talk with him. Those boys are not good mannered. Then Sheuli returned home saying nothing else. Later, when she came back home she shared the incident with her husband and her husband replied “the girls of a reputed and good families never protest and quarrel in public especially on street you did, why 90

have you done so?” He instructed her to ignore these comments whatever they say. At the day when Sheuli’s relative released from the hospital, she again became the victim of teasing by this group of boys. The boys identified her because of the quarrel took place between them and Sheuli at the previous day. So, as they saw Sheuli, immediately they spoke loudly “This is that girl!!”, “Brother! This is her” as the passerby can hear. The people around there turned to her and wanted to know from the boys about Sheuli. The boys answered that the women is a women of bad characters and the people looked at her curiously. After that many people around there began to make bad comments about Sheuli’s character. Sheuli did not make any response to protest as per the instruction of her husband. She became surprised that the people who told her not to talk with the boys in the previous day, those people were then supporting those boys. Sheuli need not to use that route because her relative is cured now but she is worried for the girls who use that street regularly.

Sheuli said that fortunately she informed all these incidents in prior otherwise she fears that her husband would never consider these bad comments by many people in the street but would blame Shueuli as ban woman too. There might be a misunderstanding in her conjugal life if she did not share with her husband immediately after these incidents happened. She says that the teaser insulted me and I was the victim. But it was very risky and blameworthy either to tolerate or protest the teasers. She found no possibility to get any remedy of the problem from anyone. She believes that the guys who are not educated and always linger around the street harass women as their deviant means of entertainment. Sheuli also believe that, if there was a male with him she might not be the victim of these kinds of teasing. Thus the free and independent movement of women is unwillingly restricted by the reason of stalking in the street. She realizes that such types of sexual harassment will never be eliminated due to the tendency of blaming women for any reasons whatever the occurrence is.

5.3. Case Study-3: Rape Roni (alias) belonged to class ten. He was the elder son of his parents. There are three families lived on the same land inherited from Roni’s grandfather. The other families of Roni’s two uncles stayed at adjacent houses like a single house having separately living three families. Roni’s father was more solvent than his two other brothers. Along with financial strength Roni’s father had some political affiliation that made his family more powerful than other families too. The youngest uncle naming Shafiq was in the indigent condition. Shafiq had a girl of 6 years named Jui (alias). [Shafiq’s wife described the story].

Though there were difference between the families of Roni and Jui in terms of financial resources and status, the children among those houses had no differentiating lines to play and join in childish activities together. Everyone happily observed their innocent relations and puerile movement. When Roni aged 15.5 years an occurrence was committed by him that undermined the relational structure in the family.

Roni committed an incident of rape with Jui who was only 6 years old. The incident was committed when no adult was available at home instead Roni was the eldest person whom the adults left to take care of other children. Roni technically kept the children away from him, except Jui, giving them various gaming tasks. Getting Jui alone, Roni raped her cousin. When adult members of the family returned home, they got Jui crying for pain but Roni was not at home. No one knew that incidents until Jui reported perceived extreme pain in her lower parts of body. By enquiry, Jui’s mother came to know about this event and the reason of her daughter’s serious illness. Jui’s mother also began to cry that drew attention to other female member of the families. There were no adult males present in house because of their outside occupational involvement. Women became highly tensed and in a fix what to do. Jui’s mother called Jui’s father over mobile to come at home immediately. The family members decided not to share this incident with others outside their own families. Still Roni was out of home for hours. Jui was taken to a hospital in town where people hardly know Shafiq, Jui’s father. After medical treatment, Jui was taken back to home. Roni was searched by his family members silently so that no one can know about reason of truancy. After four days Roni was identified and was taken back at home. Through a family discussion, Roni was chided and beaten but not harshly because the shouting of Roni might draw attention of neighbors. The relationship among the families exacerbated. Parents became very careful and anxious about their own children. Eventually, Jui’s family shifted their home away from Roni’s family showing neighbors personal and occupational reasons.

After three months, the relation among families of Roni and Jui began to ease. Meanwhile Jui was enrolled in primary school. Getting Jui outside home in the way to school, Roni somehow took her in a place where no people around there. Roni raped Jui again. This time, people came to know about the incidents because of shouting of Jui. People took sexually injured Jui to her home and then to medical facilities at town. This time all the villagers became informed about the incident and everywhere in the village people were discussing that incident. Jui’s family was highly frustrated and also angry because of the happening such matter again. This time Shafiq (Jui’s father) informed police though Roni’s father tried to mitigate this through local Salish. Finally Roni was arrested.

But there were several problems aroused in the judicial proceedings. The main problem was the lack of evidence because Jui was taken bath several times after rape that ultimately washed out seminal evidence. Shafiq has been facing problems financially and legally. Roni was taken to juvenile court that may not issue highest punishment as Jui’s family expects. At the same time, being powerful, Roni’s father is trying legally to acquit his son. If acquitted, Roni’s father will possibly be able to regain his family status. But Shafiq’s family has no way to regain the status of his daughter as well as his family. Sometimes Shafiq feels forced to leave this village because wherever he goes everyone talk to him about her daughter’s rape. However, Jui’s family is hopeful about the punishment of Roni. Jui cannot go to school anymore because of various social factors. Shafiq’s wife is certain that no one will marry her daughter when she will grow up. The stigma “raped” brings all disadvantages to Jui though she had no responsibility for that occurrence.

Comparative Position of the Issues which promotes GBV and Discrimination Human Rights Standard, Customary Laws and Norms & Practice Issues

Human Rights Standard

Minimum Age of Marriage

Minimum age of marriage for both male and female is 18 (UDHR concept of ‘full age’) CRC Committee GR - 4 & CEDAW Committee GR -21 recommended the minimum age of marriage for both male and female is 18 but the State parties can decide of own context.

Consent for Marriage

Both parties right to freely choose a spouse and to enter into marriage only with their free and full consent.

Muslim Law Minimum age of marriage is 18 for women and 21for men, which is lower for women then for men.

Express or implied consent by both parties necessary

Customary Laws Hindu Law Minimum age of marriage is 18 for women and 21for men, which is lower for women then for men.

Christian Law Minimum age of marriage is lower for women then for men. For women it is 18 and for men, 21

Declaration of consent, by either party, not a necessity

Express consent by both parties necessary

Marriage with non-Hindus

Marriage with nonChristians

{CEDAW Art. 16(1)(b)}

Parties of the

No discrimination on the basis Women cannot of nationality, religion, caste marry non-Muslim

Common Norms & Practice A girl’s marriage needs to be complete as early as possible (while attaining puberty or ‘Shean’) for their future life and the honor of the family. Most of the people believe marriage is the only destiny for a girl.

The most common belief is, whatever a father or a guardian do, they for the welfare of their girl. So girl’s opinion on the marriage consent is less valued and sometime suppressed. In some cases, the fathers or guardians choose a bridegroom, than the girls provide implied consent. Most of the marriage held with same social and economic 94

Marriage

or group to enter into a marriage

Witness of Marriage

Almost all Human Rights instruments recognize women equal legal capacity in administering all civil matters i.e. contract, property etc. {Art. 15 (2) of CEDAW}

Marriage Registration

Compulsory official registration of Marriage with competent public authority. {CEDAW, Art.-16(2)}

Dower Money

Dowry

The concept of dower money is not aligned with Human Rights standard. It diminishes the dignity of women. The concept of dowry is the extreme violation of Human Rights. It violets the womenâ&#x20AC;&#x2122;s equal right to enter into

parties. Men can marry non-Muslim parties. Womenâ&#x20AC;&#x2122;s capacity to stand as witness is lesser (one half) than that of men. Besides the women cannot be solely witnesses for a marriage*. Required the registration of marriage by both parties and imposition of penalty for the contravene of this Women are entitled to have dower money

illegal for both men and women Witness at marriage not a necessity. But male priest officiating at marriage considered witness for legal purposes Parties may register but not mandatory and no imposition of penalty

Not required

Dowry is prohibited Dowry is by law and impose prohibited by penalty by law the public law and impose

recognized for both men and women

status of same religion and caste.

Men and women Male must be the witnesses of stand on an equal a Muslim marriage. All effort footing as witnesses deploys to fulfill this.

Registered under respective Church/Parish, for both parties is mandatory and imposition of penalty for the contravene of this Not required

Not acceptable, But if practiced punishable by law

All efforts go for the registration of a Muslim marriage. Few people have tendency in bad intention to ignore registration. The norms in Hindu community not to register the marriage. The wife who seeks dower money is not a good wife. Wife condones dower money to the husband. Bridegroom perspective, brideâ&#x20AC;&#x2122;s father should pay for his daughter. For the sake of the future happiness of the 95

marriage. {CEDAW, Art.16(1)(a)}

penalty but customary personal admit it

Child Marriage

Child Marriage is also another extreme violation of Human Rights. The betrothal and the marriage of a child shall have no legal effect. {CEDAW, Art.-16(2)}

Child marriage is punishable by law but not an illegal marriage

Marital Rape

Marital rape is the violation of Limited recognition human rights and a crime only under the under human rights law. penal code as crime. {Art-2 of DEVAW, 1993}

Child marriage is punishable by law but not an illegal marriage

Limited Limited recognition recognition only only under the under the penal penal code as crime code as crime

daughter father pay dowry. Dowry compensates the lacking (ugliness, black, short, less educated, etc.) of a daughter A girlâ&#x20AC;&#x2122;s marriage needs to be complete as early as possible (while attaining puberty or â&#x20AC;&#x2DC;Sheanâ&#x20AC;&#x2122;) for their future life and the honor of the family. Most of the people believe marriage is the only destiny for a girl. After marriage a wife become a property of the husband. Wives believe (by religion) when husband wants sex it is binding for a wife to fulfill his desire. It is the prime responsibility of the wife to satisfy her husband. Most people (both literate and illiterate) think it as a right to husband.

Polygamy

Equal Right to Divorce or Dissolution of Marriage

Division of matrimonial Property

The practice of polygyny is inherently discriminatory and violates a womanâ&#x20AC;&#x2122;s right to equality. Polygamous marriages ought to be discouraged and prohibited. (CEDAW, GR-21) Both man and woman should have equal rights to divorce or Dissolution of Marriage. {CEDAW, Art.-16(1)(c)}

Polyandry illegal. Polygyny legal, though subsequent Marriage subject to permission of first wife

Polyandry illegal. Polygyny legal

Polygyny as well as polyandry illegal

Most of the people believe, if a man is able to maintain more wives he can marry more women.

Women do not have equal rights to initiate divorce. Womenâ&#x20AC;&#x2122;s rights is limited by conditions and delegated by the husband

No legal Women do not have recognition of equal rights in case right to divorce of divorce or dissolution of marriage

Women and Men to have equal share and rights in the division of matrimonial property (CEDAW Committee, GR21)

No recognition of the concept of Matrimonial Property

In Muslim community, husband can divorce at any time even without showing any reasons. Women believe they have limited power to divorce their husband. Though they can divorce their husband, they are not entitled to have the dower money and maintenance. Man is the owner of all property attained during the marriage. After divorce, women have no share of this property.

No specific provision. However court can divide the property according to the need and blame for dissolution

Re marriage After divorce every man and Muslim women after divorce women have the equal right to have to observe remarry. iddah for a period of 90 days in order to determine pregnancy; and paternity of the child. They cannot remarry during this period Maintenanc Both man and women should A womanâ&#x20AC;&#x2122;s legal e/Alimony have the same rights and right from men. No responsibilities for such right for men maintenance/alimony. It should be determine according to need. Guardianshi Father and mother should Father is the natural p and have same right and guardian of his Custody of responsibilities with regard to child but a mother Children Guardianship and Custody of cannot be a natural a Children guardian. Mother {CEDAW, Art-16(1)f} can be a custodian of her child for certain period.

No recognition of the concept since divorce is not recognized

Either party may remarry at any time after divorce or dissolution

Most of the man does not prefer divorced women for marry or remarry.

Women has life-estates

Women have a legal right to maintenance, men do not

Husband is bound to provide Maintenance/Alimony to his wife.

Father is the natural guardian of his child but a mother cannot be a natural guardian. Mother can be a guardian for body and property of her child in absence of father.

Father is the real guardian but the Court may determine duty and responsibilities of father and mother

Father is the holder of a child. Mother is responsible to takecare the child.

Inheritance

Men and women in the same degree of relationship to a deceased are entitled to equal shares in the estate and to equal rank in the order of succession. (CEDAW, GR-21)

Women do not enjoy equal rights with men.

Women do not enjoy equal rights with men

Both men and women enjoy equal rights

Men always try to deprive his women counterpart from inheritance.

Transfer of Property

Both man and women should have equal rights to conclude contracts and to administer property. {CEDAW, Art-15 (2)}

Both men and women enjoy equal rights

Womenâ&#x20AC;&#x2122;s rights limited to Stridhana

Both men and women enjoy equal rights

Most of the women comply with her counterpart manâ&#x20AC;&#x2122;s instruction in transferring property.

* Though our existing Evidence Act permits both male and female a valid witness to solemnize a contract but there is no reported practice in Muslim marriage.

Chapter 7: Recommendations 7.1. Policy and Legislation

1. An independent Commission on Women and Children, with judicial power to address women and child rights violation, may form to oversee, develop and monitor women and child rights and women empowerment issues; 2. Discriminatory issues entrenched in the personal laws i.e. equal right to inheritance, equal right to marital property, equal

right to divorce etc. need to eliminate by

amending personal customary laws or consolidating new enactment on personal laws; 3. Make accountable of specific public organisation, i.e. Department of Women affairs, Department of Social Welfare or Bangladesh Sishu (Child) Academy, by amending the Child Marriage issue Amendment of the Child Marriage Restrain Act, 1929 to oversee the child marriage issue and incorporate strong punishment for the perpetrators and instigators; 4. The rules of procedure for lodging complaint against child marriage need to specify and vested the power to everybody concern including police for lodging complaint against child marriage; 5. Expedite the passage of the proposed Children Act 2012 to establish an effective juvenile justice system to ensure justice for children; 6. Formation of a separate expert prosecution team to prosecute VAW cases in all Courts including the Supreme Court; 7. Set up tribunal in comply with the new Human Trafficking Prevention and Control Act, 2012 and passed the necessary rules of procedure to activate the tribunals; 8. Government should withdraw reservations from CRC, CEDAW (articles 2 and 16 1 (c)) and ratification of OP3-CRC; 9. Operationalize the DV Act through the promulgation of statutory rules and the provision of necessary resources to ensure the statutory intent of the legislation is realized; 10. Enactment of a new law in comply with the High Court Directives on sexual harassment crime; 100

11. By amending the existing law or by enacting new law to criminalize marital rape and sanction punishment; 12. To eliminate blaming victims in sexual offences a rape shield law need to introduce in our procedural justice system; 13. Need to review the Evidence Act with other procedural laws and rules to introduce modern medical evidence collection method in sexual offences.

7.2. Duty Bearer 1. Conduct training on Gender Relation Analysis (GRA), Gender Mainstreaming, Child Rights, GBV and other Human Rights issues for all government stakeholders including, judges, government officials, police officials, members of the Border Guard Bangladesh (BGB), local government officials and court officials; 2. Increase budgetary allocation for Ministry of Women and Children Affairs and Ministry of Social Welfare to undertake programmes on protection and prevention of gender based violence and establish more refuge house or shelter home for the victims of gender based violence. 3. Undertake advocacy program with concern ministry and division to formulate Action Plan for implementing programs in comply with UPR Report, CEDAW Committee Report and CRC Committee Report; 4. Capacity building of the members of the local self government and local governments to resolve GBV conflicts in comply with law, human right and gender sensitivity; 5. Undertake extensive gender awareness program for professional groups like lawyers, physicians, journalist etc.; 6. Undertaking programs for duty bearers to monitor the existing public services and programs on women empowerment by using various development tools like public hearing, social audit, citizenâ&#x20AC;&#x2122;s report card etc. for transparency and accountability of the duty bearers.

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7.3. Programs – National and Grassroots 1. Undertaking effective measures to overcome the attitudes, customs and practices that perpetuate violence against women and the kinds of violence that result. Program should introduce education and public information to help eliminate prejudices that hinder women's equality; 2. Launching effective media campaign to ensure women’s equal status in all sphere of life especially in the domestic sphere; 3. Forming public-private partnerships with women and child right organisation, legal and human rights organisation, economic development organisation and provide support and resources to combat gender-based violence; 4. Implement a mass education campaign to tackle societal norms and practice that perpetuate violence against women and undermine women’s full economic participation; 5. Programming on the rehabilitation for the victims of gender-based violence; 6. Developing mechanism of support services for the victims of marital rape or sexual abuse by intimate; 7. Establishment of support services for victims of family violence, rape, sexual assault and other forms of gender-based violence, including refuges, specially trained health workers, rehabilitation and counselling; 8. Undertake education program and disseminate the Higher Court Judgment on banning extra-judicial punishment in the name of Fatwa. 9. Undertake advocacy program to form Complaint Committees on Sexual Harassment in all public and private institution and or organisation in comply with High Court Directives to adjudicate sexual harassment incidence; 10. Undertake education and information program on forceful Purdha practice (wearing veil or covering women’s head against their will) which was declared by the High Court as violation of fundamental rights; 11. Advocacy and networking with income generating organisation and corporate houses to refer the GBV victims for economic independence or income generation; 102

12. Exploration of Corporate Social Responsibility (CSR) for programming on women empowerment; 13. Intensive program to aware and sensitize on gender discourse and GBV for the Community Leaders, Social Elites (Matabbar), Shalishdar, Religious Leaders.

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Bibliography 1. Ali, Salma et al. (1998), Study on the Possible Reforms in the Existing Muslim Family law and Procedure, BNWLA, Dhaka 2. Baden, Sally; Green, Cathy & Guhathakurta, Meghna (1994), Background Report on Gender Issues in Bangladesh, IDS, UK. 3. Bela Nabi et al. (1993), Uniform Family Code, Bangladesh Mahila Parishad, Dhaka 4. Bangladesh Development Series (2008) (Paper No. 22), Whispers to Voices: Gender and Social Transformation in Bangladesh, The World Bank and AusAID. 5. BLAST (2005), Report on Legislative Initiative and Reforms in the Family Laws, BLAST Publication, Dhaka. 6. Baseline Survey Report (2011), Protecting Human Rights Project (PHR), Plan International USA, Inc. 7. Chowddhury, Dr. Md. Habibuzzaman(2013), Medical Evidences Collection Practice in Rape Cases, Papers presented at National Conference on Medical Evidence Collection in Rape cases: Practice, Procedure and Policies, organized by BLAST & ICCDR.B 8. Farouk, Sharmeen A. (2005), Violence against women: A Statistical Overview (challenges and gaps in data collection and methodology and approaches for overcoming them), Bangladesh National Women Lawyers Association (BNWLA). 9. Fyzee, A. A. Asaf (1993), Outline of Muhammadan Law (4th Edition), OUP, Dhelli 10. García-Moreno, Claudia & Others (2005), WHO Multi-country Study on Women’s Health and Domestic Violence against Women, WHO Press, Switzerland. 11. Goonesekere, Savitri, Harmful Traditional Practices in Three Countries of South Asia: culture, human rights and violence against women, Women in Development Discussion Paper Series-21, ESCAP, Bangkok, Thailand (Available at: www.unescap.org/sdd/publications/gender/SDD_pub_2530.pdf) 12. Hadi, SyedaTonima (2010), The Face of Inmate Partner Violence in Bangladesh: Revealing Patterns from the Existing Literature, Bangladesh e-Journal of Socilogy, Volume 7, Number1, January 2010 13. Hidayatullah, M and Hidayatullah, Arshad (1996), Mulla’s Principle of Mahomedan Law, 19th Edition, Bombay, India 104

14. In-depth study on all forms of violence against women Report of the Secretary-General (2006), available at (http://daccess-ddsny.un.org/doc/UNDOC/GEN/N06/419/74/PDF/N0641974.pdf?OpenElement). 15. Islam, Mahmudul (2006), Constitutional Law of Bangladesh, Mullick Brothers, Dhaka. 16. Islam, Farzana (2009), Political Participation of Dalit Women in Dhaka City, Dhaka 17. Khatun, Mst. Taslima and Rahman, Khandaker Farzana (2012), Domestic Violence against Women in Bangladesh: Analysis from a Socio-legal Perspective”, Bangladesh eJournal of Sociology. Volume 9, Number 2. 2012. 18. Manjoo, Rashida (May, 2011) , Report of the Special Rapporteur on Violence against Women, its Causes and Consequences, United Nations Human Rights Council. (Available at: http://www.ohchr.org/Documents/Issues/Women/A.HRC.20.16_En.pdf) 19. Momen, Nurul (1994), Muslim Ain, Bangla Academy, Dhaka 20. Naved, Ruchira Tabassum and Others (2011), Men’s Attitude and Practices Regarding Gender and Violence Against Woman In Bangladesh, ICDDRB, UNFPA, November 2011. 21. Naved, Ruchira Tabassum and Persson, Lars Åke (2005), Factors Associated with Spousal Physical Violence against Women in Bangladesh, Studies in Family Planning 2005. 22. Rakshit, Mridulkanti (1985), The Principles of Hindu Law, 3rd Edition, Chittagong 23. Young, H. Peyton (2007), Social Norms, Discussion Paper, Department of Economics, University of Oxford 24. Wahed, Tania & Bhuiya, Abbas (2007), Battered Bodies & Shattered Minds: Violence against Women in Bangladesh”, Indian J Med Res 126, October 2007 25. Welchman, Lynn and Hossain, Sara. 2005. “’Honour’ crime, paradigms, and violence against women” (ed.), Zed books. 26. Zaman, Habiba (1999), Violence against Women in Bangladesh: Issues and Responses, Women’s Studies International Forum, Vol.22 No. 1, pp-37-48, 1999

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Annex-A

Customary Laws, Norms and Practices in Bangladesh: Gender based Violence Perspective In-depth Interview Checklist kvwiixK wbh©vZb (ˆ`wnK AvNvZ) 1. 2. 3. 4. 5. 6. 7. 8. 9.

Avcbvi GjvKvq cyiæliv gwnjv‡ì ˆ`wnK AvNvZ (Mv‡q nvZ †Zvjv) K‡i wKbv ? Avcbvi AvZ¥xq-¯^Rb‡ì g‡a¨ GiKg NUbv N‡U wKbv? Avcwb Gi wkKvi n‡q‡‡Qb wKbv? cyiæliv gwnjv‡ì ˆ`wnK AvNvZ K‡i _vK‡j Kviv K‡i ? (¯^vgx, evev, fvB, gvZeŸi, wkÿK BZ¨vw`) †Kvb ai‡Yi (eqm, †kªYx, †ckv) gwnjv‡ì Dci GB AvNvZ Kiv nq? †Kb ev wK Kvi‡Y GB ai‡Yi AvNvZ K‡i ? GB AvNvZ KivUv wK wVK wQj? Avcbvi gZvgZ wK? mgv‡R GB ai‡Yi cÖPjb †Kb? wKfv‡e Gi mgvavb nq?

kvwiixK wbh©vZb (GwmW wb‡ÿc) 1. Avcbvi GjvKvq gwnjv‡ì Dci GwmW gviv nq wKbv? 2. Avcbvi cwiwPZ ev AvZ¥xq-¯^Rb‡ì g‡a¨ GiKg †Kvb NUbv N‡U‡Q wKbv? 3. Avcwb Gi wkKvi n‡q‡‡Qb wKbv/ Gi ûgwKi m¤§~LxY n‡q‡Qb wKbv? K‡i _vK‡j Kviv K‡i ? (¯^vgx, evev, fvB, gvZeŸi, wkÿK BZ¨vw`) 4. Kx Kx Kvi‡Y gwnjv‡ì Dci GwmW gviv nq e‡j Avcwb g‡b K‡ib? 5. cwievi ev mgv‡Ri †Kvb †Kvb wbqg ev cÖPj‡bi Kvi‡Y gwnjviv GwmW wb‡ÿ‡ci wkKvi nq? 6. †Kvb ai‡Yi (eqm, †kªYx, †ckv) gwnjv‡ì Dci GB AvNvZ Kiv nq? 7. †Kb gwnjv‡ì Dci GwmW gviv nq? GUv Kx wVK? Avcbvi gZvgZ wK? 8. gwnjv‡ì Dci GwmW gviv‡K mgvR wK †Pv‡L †`‡L? 106

bvix cvPvi 1. 2. 3. 4. 5.

Avcbvi GjvKvq bvix cvPv‡ii NUbv N‡U wKbv? Avcbvi ‡Pbv-Rvbv, cwiwPZ ev AvZ¥xq-¯^Rb‡`i g‡a¨ bvix cvPv‡ii †Kvb NUbv N‡U‡Q wKbv? †Kb GB ai‡Yi NUbv N‡U e‡j Avcwb g‡b K‡ib? †Kvb ai‡Yi (eqm, †kªYx, †ckv) gwnjviv mvaviYZ bvix cvPv‡ii wkKvi nq? cwievi ev mgv‡Ri †Kvb †Kvb wbqg ev cÖPj‡bi Kvi‡Y bvixiv cvPv‡ii wkKvi nq?

‡hŠb wbh©vZb (al©b) 1. Avcbvi GjvKvq gwnjviv al©‡Yi wkKvi nq wKbv ? 2. Avcbvi ‡Pbv-Rvbv, AvZ¥xq-¯^Rb‡`i g‡a¨ GiKg †Kvb NUbv N‡U‡Q wKbv? 3. †Kvb ai‡Yi (eqm, †kªYx, †ckv) gwnjviv al©‡Yi wkKvi nq e‡j g‡b K‡ib? †Kb Avcbvi GiKg g‡b nq? 4. †Kb ev wK Kvi‡Y gwnjviv al©‡Yi wkKvi nq? 5. cwievi ev mgv‡Ri †Kvb †Kvb wbqg ev cÖPj‡bi Kvi‡Y gwnjviv al©‡bi wkKvi nq?

‡hŠb wbh©vZb (‰eevwnK m¤ú‡K©i AvIZvq al©b) 1. ¯^vgxiv/cyiæliv ¯¿xi m¤§wZ bv wb‡q ev †Rvi K‡i A_ev ¯¿x Amy¯’ _vKvKvjxb Zvi Ag‡Z ‡hŠb wgjb K‡i wKbv? 2. Gai‡Yi †hŠb wgjb Kiv Kx Ab¨vq/Aciva? 3. hw` †Kvb cyiæl GiKg ‡hŠb wgjb K‡i †mUv‡K Avcwb Kxfv‡e †`‡Lb? mgvR Kxfv‡e †`‡L?

‡hŠb nqivbx 1. Avcbv‡ì GjvKvq †g‡qiv/gwnjviv †hŠb nqivbxi (cÖ‡qvR‡b †hŠb nqivbxi welqwU e¨vL¨v Kiv) wkKvi nq wKbv? 2. ‡Kb †g‡q‡ì/gwnjv‡ì‡K †hŠb nqivbx Kiv nq?........... 3. Avcwb Kx g‡b K‡ib †g‡q‡ì/gwnjv‡ì‡K †hŠb nqivbx Kiv wVK?......... 107

4. †g‡q‡ì/gwnjv‡ì‡K †hŠb nqivbxi wcQ‡b Kx Kx KviY _vK‡Z cv‡i? 5. †g‡q‡ì/gwnjv‡ì‡K †hŠb nqivbx‡K mgvR Kxfv‡e †`‡L?

wkï weevn 1. Avcbvi GjvKvq wkï/evj¨ weevn nq wKbv? 2. Avcbvi cwievi ev AvZ¥xq-¯^Rb Kv‡iv evj¨ weevn n‡q‡Q wKbv? n‡j, †Kb GB evj¨ weevn n‡q‡Q? ........ 3. Kx Kx Kvi‡Y evj¨ weevn nq? 4. Avcwb Kx g‡b K‡ib evj¨ weevn †`qv wVK? 5. evj¨ weevn‡K mgvR wKfv‡e †`‡L?

‡Rvic~e©K weevn 1. Avcbvi cwiwPZ ev AvZ¥xq-¯^Rb‡ì g‡a¨ †Kvb †g‡q‡K Zvi Ag‡Z ev †Rvi K‡i weevn w`‡q‡Q wKbv? 2. ‡g‡qi Ag‡Z ev †Rvi K‡i we‡q †`qv wK wVK? 3. ‡Kb ev Kx Kvi‡Y †g‡q‡ì‡K Zvi Ag‡Z †Rvi K‡i we‡q ‡`qv nq? 4. Gwel‡q Avcbvi GjvKvi wbqg ev cÖPjb¸‡jv Kx Kx? 5. ‡g‡q‡ì †K Zv‡ì Ag‡Z ev †Rvi K‡i we‡q †`qv‡K GLvbKvi mgvR wKfv‡e †`‡L?

‡hŠZzK msµvšÍ 1. 2. 3. 4. 5. 6.

Avcbv‡`i GjvKvq †hŠZzK †`qv-‡bIqvi cÖPjb †Kgb? Avcbvi cwievi ev AvZ¥xq-¯^Rb‡`i Kv‡i we‡q‡Z †hŠZzK w`‡q‡Qb ev wb‡q‡Qb wKbv? ‡hŠZzK †`qv-†bIqv nq †Kb? Kx Kx Kvi‡Y GUv n‡q _v‡K? ‡hŠZzK †`qv-‡bIqv‡K Avcwb KZUzKz wVK g‡b K‡ib wKbv? ......... ‡hŠZzK †`qv-‡bIqv‡K mgvR Kxfv‡e †`‡L? ‡hŠZzK †`qv-‡bIqv mgvcwK©Z cÖPjb/wbqg ¸‡jv Kx Kx? (†jb-‡`‡bi cÖ¯Íve BZ¨vw`)

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Annex-B

Study Area Cluster Cluster Districts # 1 Dhaka

Selected Districts Dhaka

Upazila/Zone Geneva Camp, Mohammadpur and

Comments/rational Urban Poor and Excluded group

Bowniabad, Mirpur 11 Mironjilla, Lalbagh 2

Gazipur

Krishorgonj

Krishorgonj Nikli

Dinajpur Nilphamari

Sreepur

Nilphamari

Jaldhaka

Semi-urban and workers Haor Area

Lalmonirhat 5

Shariatpur

Vedorgonj

Rajshahi,

Rajshahi

Godagari

Ethnic Minority

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Annex- C Referred National Legislation:

1. Hindu Marriage Registration Act, 2012 2. The Christian Marriage Act, 1872 3. The Child Marriage Restrain Act, 1929 4. The Evidence Act, 1872 5. The Domestic Violence (Protection & Prevention) Act, 2010 6. Nari O Sishu Nirjaton Daman Ain, 2000 (Women and Children Oppression Restrain Act) 7. Dowry Prohibition Act, 1980 8. The Criminal Procedure Code, 1898 9. The Penal Code, 1860 10. The Children Act, 1974 11. The Muslim Marriage and Divorce (Registration) Rule, 2009 12. The Hindu Married Women's Right to Separate Residence and Maintenance Act, 1946. 13. The Divorce Act, 1869

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Annex- D Referred International Instruments:

1. Universal Declaration of Human Rights, 1948 2. International Covenant on Civil and Political Rights (ICCPR), 1966 3. International Covenant on Economic, Social and Cultural Rights (ESCR), 1966 4. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979 5. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 6. Declaration on the Elimination of Violence against Women 1993 7. General Recommendation No 12 & 19 on CEDAW 8. Convention on the Right of the Child, 1989 9. Optional Protocol to CRC on the Sale of Children, Child Prostitution and Child Pornography

111