Child Girl vs. Society: The Scenario of Bangladesh

Child Girl vs. Society: The Scenario of Bangladesh

Child Girl vs. Society: The Scenario of Bangladesh
Abu Sadat Md. Sayem Ali Pathan[1]

In a patriarchal society girls are often treated as either burden or property. The scenario in Bangladesh is not different from any other patriarchal society though the Prime Minister, leader of the opposition and speaker of Parliament are women in Bangladesh. The dimensions of violence against girl child in Bangladesh are now many in number and instances are numerous to mention. Violence against girl child takes place in home, school, teacher’s house, shopping mall, public transport and on road. Moreover, a huge number of girl children in Bangladesh are now engaged in garments and also work in houses as house maids and no wonder that they are also victim of violence in these places. Though government of Bangladesh has taken various initiatives and enacted laws in order to control and eliminate the violence but the progress is too slow to be said as noticeable. Though a lot of NGOs and INGOs are working in their capacity to improve the situation besides and along with the government but the achievements are also appeared to be too little. It is to be noted that, violence against girl child does have different implications than violence against women. In these circumstances, it is time to re-scan the laws, policies and other initiatives which have been taken to prevent the violence against girl child and take proper initiative to improve the situations after scrutinizing those matters. This paper will deal with the various types of violence against girl child, laws, policies and other initiatives and compare the standard provided in international laws with domestic laws. With this, the paper will also provide relevant recommendations for the purpose of improving the existing situation.
Key words: girls, violence, girls in Bangladesh, violence against girls in Bangladesh. Introduction Violence against women including girls is a severe reality in Bangladesh. Now a days, the situation is alarming in its magnitude. The nature and dimension of violence differs on the basis of social hierarchies and economical condition of victims and perpetrator. In Bangladesh, the categories of violence against women are domestic violence, dowry-related violence, acid violence, death, rape, rape followed by death, forced or induced abortion, forced prostitution, sexual harassment, violence at work place and trafficking. Recently, ‘eve-teasing’ has grown extremely in the society as an alarming violent phenomenon.   The trends and nature of violence against women and violence against girl child are almost same but the reasons might not to be the same. The violence against women is largely the result of differences (such as wealth, power, status, prestige) which are socially perceived between men and women as ascribed by norms of patriarchy[2]. Sociological perspectives on violence provide two theories i.e. resource theory and exchange theory. Resource theory and exchange theory imply that power is based on resources and the tendency of commit violence is the ultimate resource for securing compliance. In this sociological perspective, domestic violence by males over females tends to be a natural phenomenon[3]. Though a girl might not be in the same position of a woman for the purpose of resource theory and exchange theory but as the target of victim of violence, girls are in the same position. The reasons behind the violence against girl child and women may be the patriarchal psychology of the society and also the existing socio-economical and legal circumstances of Bangladesh. It is to be noted that though a good number of laws, policies and initiatives have been taken by the government of Bangladesh and many NGOs and INGOs are working for improving the situation but in this article it will be observed that the situation does not improve in an expecting manner.  Violence and Crime In general, crime is an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law. The dictionary meaning of crime is that an action or activity considered to be evilshameful, or wrong.[4] So, some particular violence may be recognized as crime but not all violence are recognized as crimes. In most of the cases, violence is embodied in the definition of a particular crime as a means of committing that crime or ingredient of that crime. It is observed from the definitions of violence as provided in various international instruments that the meaning and nature of violence is wider in nature than crime. The UNHCR provides a definition of violence as violence is a means of control and oppression that can include emotional, social or economic force, coercion or pressure, as well as physical harm. It can be overt, in the form of a physical assault or threatening someone with a weapon; it can also be covert, in the form of intimidation, threats, persecution, deception or other forms of psychological or social pressure. The person targeted by this kind of violence is compelled to behave as expected or to act against her will out of fear.[5] Moreover, an incident of violence is an act or a series of harmful acts by a perpetrator or a group of perpetrators against a person or a group of individuals. It may involve multiple types and repeated acts of violence over a period of time, with variable durations. It can take minutes, hours, days or a lifetime.[6] For the purpose of this paper, it is relevant to go through the definition of ‘gender based violence’, ‘gender based violence against women’ and ‘violence against women’. Bloom provided the definition as “Gender-based violence” (GBV) is the general term used to capture violence that occurs as a result of the normative role expectations associated with each gender, along with the unequal power relationships between the two genders, within the context of a specific society.”[7] It is to be noted that international human rights law did not address “gender based violence” (hereinafter GBV) or “violence against women” (hereinafter VAW) specifically before 1992. In 1979, the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted but it does not include a provision on violence against women till 1992. In 1992, the CEDAW Committee adopted General Recommendation No. 19 on VAW (hereinafter GR 19). In this document the Committee clarifies that GBV against women is a form of discrimination and therefore fall within the ambit of CEDAW. GBV is defined as- The definition of discrimination includes gender-based violence, that is, violence that is directed against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty. Gender-based violence may breach specific provisions of the Convention, regardless of whether those provisions expressly mention violence.”[8]

GR 19 also specifies that GBV may constitute a violation or women’s human rights, such as the right to life, the right to equal protection under the law; the right to equality in the family; or the right to the highest standard attainable of physical and mental health.[9]
The UN Declaration on the Elimination of Violence against Women (DEVAW) adopted by the UN General Assembly in 1993[10] has been influenced by CEDAW General Recommendation No. 19. As per Article 1 of the Declaration VAW is: “Any act of gender-based violence that results in, or is likley to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivations of liberty, whether occurring in public or in private life.” Article 2 of the DEVAW provides:   “Violence against women shall be understood to encompass, but not be limited to, the following: (a) Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rapefemale genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation; (b) Physical, sexual and psychological violence occurring within the general community, including rapesexual abusesexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution; (c) Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs.” Moreover, the Preamble of DEVAW specifies that violence against women is a manifestation of unequal power relationships between men and women and a violation of women’s human rights. Both, CEDAW GR 19 and DEVAW unambiguously include violence perpetrated by state officials, family members, acquaintance or employers. The Beijing Platform for Action adopted in 1995[11] recognized the particular vulnerabilities of women belonging to minorities; the elderly and the displaced; indigenous, refugee and migrant communities; women living in impoverished rural or remote areas, or in detention. The Convention on the Rights of Child provides the definition of violence in article 19 as “all forms of physical or mental violence, injury and abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse.” It also draws on the definition in the World Report onViolence and Health published in 2002. Article 3d of the Council of Europe Convention on preventing and combating violence against women and domestic violence provides that “Gender‐based violence against women” shall mean violence that is directed against a woman because she is a woman or that affects women disproportionately. However, the Convention[12] provides a wider definition as follows:  “[V]iolence against women” is understood as a violation of human rights and a form of discrimination against women and shall mean all acts of genderbased violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” Scenario of Bangladesh In Bangladesh, all the acts of violence are not recognized as crime. The statistics are available only on violence which are recognized as crimes. Moreover, the statistics are also based on news paper’s reports and cases filed in Court. It is found that statistics are only available on rape, gang rape, domestic violence, eve teasing/stalking, dowry related violence, acid throwing etc. So, it might be said that the statistics are showing only the tip of the ice but not the whole scenario. However, for the purpose of getting a clear idea on the violence in Bangladesh, some statistics are provided in tabular form. Following table is redrawn taking data from Ain O Salish Kendra (ASK) and Odhikar covering a 7 years’ period from 2004 to 2010. It is to be mentioned that ASK has collected and compiled data from a number of national dailies (both Bengali and Engilish).   Year Types of Violence   Domestic Violence Dowry Related Violence Rape Gang Rape Acid Attack Eve Teasing/ Stalking 2004 264 352 618 359 228   2005 333 356 585 250 130   2006 301 334 515 226 142   2007 283 294 436 198 95   2008 312 296 486 127 80   2009 281 285 446 199 63   2010 397 395 626 290 153 216           Source: Ain O Salish Kendra (ASK) Documentation Unit, 2011 and Odhikar, 2011.     Following tables are redrawn taking data from Ain O Salish Kendra (ASK) on different violence for understanding the recent scenario.   Domestic Violence: January - December 2015 Age 7-18 19-24 25-30 30+ Not mentioned Total Number of Cases Nature of Violence Tortured by husband 4 6 11 4 15 40 11 Tortured by husband’s family   2     4 6 3 Murdered by husband        5 53 56 47 51 212 92 Murdered by husband’s family members      5 14 8 5 8 40 18 Murdered by own relative  1     17 3 21    9 Suicide 1 22 17 10 4 54 13 Total 16 97 92 83 85 373 146   Source: Prothom Alo, Ittefaq, Samakal, Sangbad, Noyadiganto, Daily Star, New Age, Dhaka Tribune and Ain o Salish Kendra (ASK) Documentation.       Rape: January - December 2015   Age Under 6 7-12 13-18   19-24 25-30 30+ Not mentioned   Total Death Cases filed Suicide Case filed Form of Rape Attempt to rape 2 4 1   1 2 84 94 2     45 Rape 50 139  111 8 4 5 161 484 9   1 292 Gang rape   1 16 58 18 9 4 139 245    33 1 1 137 The type of rape is not mentioned   4 9 2 3 1 4 23 16     3 Total 53 163 179 28 17 12 394 846       477 Death after rape 1 13 15 6 10 3 12   60       Suicide because of rape   1         1     2 2     Source: The Daily Prothom Alo, The Daily Ittefaq, The Daily Samakal, The Daily Sangbad, The Daily Noyadiganto, The Daily Daily Star, The Daily New Age, The Daily Dhaka Tribune and Ain o Salish Kendra (ASK) Documentation   Salish and Fatwa: January - December 2015   Fatwa Hilla Lashes Social Boycot Divorce/ Illegal Marriage Physical/ Mental Torture Total Case filed Suicide Cause Love affair           0     Pre-marital Pregnancy     2     2   1 Oral Divorce 1     1   2     Rape/Attempt to rape           0     False Allegation on Character     2   1 3 2   During second marriage was mater of first wife concealed           0     Domestic Violence         1 1     Case file without inform to the leader Hindu Community     3     3     Hide to Second Marriage to first wife   1       1     Family disputes           0     Marriage with sister-in-law           0     Disagreement in signing white paper           0     Love Marriage           0     Reason not mentioned            0       Source: Prothom Alo, Ittefaq, Samakal, Sangbad, Noyadiganto, Daily Star, New Age, Dhaka Tribune and Ain o Salish Kendra (ASK) Documentation.   Sexual Harassment: January – December, 2015   Nature of Violence Female Male Total Suicide 10   10 Attempt to Suicide     0 Murdered due to Protest 5 1 6 Harassment 205 6 221 Injured by the attack of stalkers   89 89 Not able to attending school for the fear of stalkers 4   4   Source: Prothom Alo, Ittefaq, Samakal, Sangbad, Noyadiganto, Daily Star, New Age, Dhaka Tribune and Ain o Salish Kendra (ASK) Documentation.   Dowry Related Incidents: January – December, 2015   Age 0- 6 7-12 13-18   19-24 25-30 30+ Not mentioned   Total Cases filed Nature of Violence Physical Torture   7 20 15 3 56 101 56 56 Acid Burn               0   Absconded from husband's house               0   Suicide after torture     1 7 1 1   10 3 Death after physical torture     12 62 48 10 55 187 99 Total 0 0 20 89 64 14 111 298 158   Source: Prothom Alo, Ittefaq, Samakal, Sangbad, Noyadiganto, Daily Star, New Age, Dhaka Tribune and Ain o Salish Kendra (ASK) Reported Incidents Only   Laws enacted to fight against Violence Though Bangladesh ratified the United Nations Convention on the rights of the child (CRC) in 1990 but the implementation of the mandate might be said as slow and not satisfactory. However, as a signatory to the CRC and its protocol the Government of Bangladesh giving continuous efforts towards implementing the provision of the CRC.   The Constitution of Bangladesh is the supreme law of the land. The Constitution makes precise reference regarding children in two separate articles. Article 17 of the Constitution provides for establishing a uniform, mass oriented and universal system of education and extending free and compulsory education to all children. Article 28 of the Constitution allows the legislature to enact special provisions in favor of children.   The constitution of Bangladesh in Articles 27, 28 and 31 provides the fundamental right to equality before the law and equal protection of the law. It also guarantees that the state shall not discriminate against any citizen on the grounds only of religion, race, caste, sex or place of birth and right to protection of law respectively, lay down the general principles regarding the protection of children and others from all forms of discrimination. Some other constitutional provisions are as follows: Article 14: Prohibits all sorts of exploitation; Article 17: Provides for adopting effective measures for the purpose of establishing a uniform mass-oriented and universal system of education and free and compulsory education to all children. Article 18: Provides that the state shall raise the label of nutrition and improvements of public health. Article 28: the state shall not be prevented from making special provisions in favor of children; Article 34: Prohibit forced labor.   It is pertinent to mention that Bangladesh enacted a progressive legislation on children namely, the Children Act 1974, long before the UN General Assembly adopted the Convention in November 1989. The Children Act 2013 has replaced the earlier Act of 1974. Some statutes, such as the Children Act 2013 aim to give effect to the CRC’s provisions. Other laws also include provisions that aim to fulfil the obligations under CRC, namely:   a) The Prevention of Cruelty to Women and Children Act 2000 (Referred to as ‘the Women and Children Repression Prevention Act, 2000’ in the State Party report) b) The Narcotic Control Act1990 c) The Rights and Protection of the Persons with Disabilities Act 2013 d) The Prevention and Suppression of Human Trafficking Act 2012 e) The Domestic Violence (Prevention and Protection) Act 2010 f) The Pornography Control Act 2012 g) The Information and Communication Technology Act 2006 h) The Vagrant and Homeless Persons (Rehabilitation) Act 2011 i) The Bangladesh Labour Act 2006 j) The Orphanages and Widows’ Homes Act 1944 k) The Small Ethnic Groups Cultural Institutions Act 2010 l) The Birth and Death Registration Act 2004   The Prevention of Cruelty to Women and Children Act 2000 provides harsh punishment for those convicted for committing violent crimes on women and girl children. This Act purposes to stop violence against women and children with the provisions of strict penalties for trafficking, rape and abduction. As for example, this Act states in section 9(1) that sexual intercourse with a woman under the age of 16 years constitutes rape and provides for penalties for violence against women and children, including kidnapping and trafficking. Section 12 of this law provided on kidnapping of children. The Act also provides death penalty or life imprisonment if anyone illegally imports, exports, buys or sells a child or through these means keeps a child, or transfers the child to another[13]. The suppression of Immoral Traffic Act of 1933 lays down that any person who detains any minor girls (under 18 years of age) in any house or room or place where prostitution is carried out will be punished. It has also stated (section11) if a abducts forces or engaged girls under 18 years for the purpose of commercial sexual use in that case he may be punished with imprisonment.   The Children Act 2013 provides that there will be a Children’s Court in each district or metropolitan area in Bangladesh. The trial of a child in conflict with law or any proceedings relating to a child in contact with law will take place before the Children’s Court.   Policies constitute guidelines for government action. The following policies are closely related to CRC provisions: a) The National Children Policy, 2011 b) The Education Policy, 2010 c) The National Skills Development Policy, 2011 d) The National Child Labour Elimination Policy, 2010 e) The National Health Policy, 2011 f) The National Labour Policy, 2012 g) The Women Development Policy, 2011   Moreover, being the highest judicial authority of the country and whose decisions are binding upon all the subordinate courts and all executive and judicial authorities, the Supreme Court of Bangladesh is performing a vital role in interpreting and adjudicating law, policy and practice relating violence against girl child and women.   Judicial Response to Redress the Situation It is to be mentioned that the judicial response towards the violence against girls and women is remarkable. The Supreme Court of Bangladesh has given directions in order to provide judicial guidelines to redress the situation and also pronounced judgments. The crime of throwing acid was addressed in Tayazuddin vs. The State[14]. In this case, the High Court Division, taking into account of the gravity of crime, stated that the crime of throwing acid at women is a crime against humanity and society and held that in the interest of fair play, fair trial and justice, the accused appellants are not entitled to remain free by way of bail. The court invoked the relevant article of the Universal Declaration on Human Rights (UDHR), 1948, namely Article 3 for the purpose of reaching its verdict.   Forced Marriage was addressed in Shipra Chaudhury and another vs. Government of Bangladesh and ors.[15] wherein the High Court Division stated that forced marriage is not permissible according to the laws of Bangladesh and human rights treaties. The Court invoked international human rights law to provide a remedy to the petitioner and mentioned the relevant articles of the human rights treaties, which Bangladesh has ratified or acceded to.   In Bangladesh, fatwa-induced violence against women and girl often takes place by decisions made in shalish (traditional system of resolving dispute) or other instances in rural areas. Poor and vulnerable women and girls are victims of the decisions which have been made in the name of fatwa and have been subjected to whipping, lashing, throwing stones and beating in imposition. Bangladesh Legal Aid and Services Trust vs. Govt. of Bangladesh[16] was a public interest litigation (PIL) filed for the purpose of determining the status of imposition and execution of extra-judicial/legal penalties in the name of fatwa against women. The Court declared that the imposition of extra-judicial punishment in the name of Sharia/Fatwa is illegal and without lawful authority. The Court also directed the government to incorporate various types of articles and educational materials in the syllabus in School, College and University level and particularly in Madrasha level, highlighting the supremacy of the Constitution and discouraging imposition of extra-judicial punishment of any form in the name of execution of Islamic Sharia/Fatwa.   Moreover, the High Court Division issued a Suo Moto Rule in Writ Petition No. 5897 of 2000 after taking consideration of a newspaper report which stated about a hilla marriage of one named Shahida Begum. On January 01, 2001 the High Court Division delivered its judgment declaring all kinds of fatwa to be illegal. However, an appeal was preferred against this judgment in the Appellate Division of the Supreme Court of Bangladesh. The Appellate Division has delivered the judgment by modifying the judgment of the High Court Division and provided five directives. Amidst the directives, the Court declared that “A fatwa on religious matters only may be given by the properly educated persons which may be accepted only voluntarily but any coercion or undue influence in any form is forbidden.” It also declared that “no punishment including physical violence or mental torture in any form can be imposed or implicated on anybody in pursuance of [a] fatwa."   The issue of imposing dress code on Women i.e. head scarf was addressed in the case of Md. Salauddin Dolon vs. Govt. of Bangladesh[17]. The fact of this case disclosed that a very derogatory remark was made by the Upazila Education Officer of Kurigram to the Headmistress of a Government Primary School, in an open meeting, for not wearing head-scarf. This case was also initiated by the petitioner from the news item published in a national daily, as public interest litigation for taking appropriate action against the Upazila Education Officer. It was observed by the court that in the absence of any legal sanction, any attempt to coerce or impose a dress code on women clearly amounts to a form of sexual harassment. Such action violates Article 29 of the Constitution which ensures equality of opportunity for all citizens in respect of employment or office in the service and Article 39 of the Constitution guarantees freedom of thought, conscience and expression. To harass a woman on account of her failure to cover her head, is a discriminatory act, which is a violation of the equality clause of the Constitution and inconsistent with international standards. After giving the observation the Court has also provided some directives.   The magnitude of eve teasing causing a serious social problem in Bangladesh and the manner of committing it amounts nothing but sexual harassment of women and girls. In recent years, because of “eve teasing”, some victims committed suicide and it also caused killing of relatives or other people who tried to protect the victims from the perpetrators. In the case of Bangladesh National Women Lawyers Association (BNWLA) vs. Government of  Bangladesh[18], it was noted by the Court that “eve teasing” have been taking place frequently all over the country including on the streets, in homes and neighbourhoods, in transport, in different stations, cinema halls, amusement parks, schools, colleges, universities, working places and other public places. Therefore, the court issued a Rule Nisi and also issued four interim directions in order to protect women and girls from eve teasing. The Court also forbid to use the term “eve teasing” and directed to use the term “sexual harassment”. The Court also recommended the incorporation of Sexual Harassment as a new offence in the Nari-O-Shisho Nirjaton Daman Ain (Women and Children Repression Prevention Act) 2000. The Court observed that the guarantee of free and compulsory education for children, the right to liberty and the right to freedom of movement guaranteed under Articles 17, 32 and 36 respectively are meaningless if the girls and women of this country are kept away from school and colleges because of sexual harassment in the streets, and if they are subjected to sexual teasing or stalking. Finally, the Court issued some exhaustive directives and guidelines.   Domestic workers are one of the most disadvantaged, discriminated and deprived part of society in Bangladesh. Specially, child and female domestic workers are abused and subjected to torture and other forms of inhuman treatment. Bangladesh National Women Lawyers Association (BNWLA) Vs. Govt. of Bangladesh[19]  is a first judicial pronouncement to examine the condition and context of the domestic workers in Bangladesh. The Court suggested that the provisions provided in the three policy documents namely, Domestic Worker Protection and Welfare Policy 2010 (Draft), National Child Labour Elimination Policy, 2010 and the Children Policy 2011 must be brought into effect at once for the purpose of welfare of domestic workers. It was also suggested by the court that children between the ages of 14 to 18, who are engaged in the domestic sector, should be incorporated automatically within the provisions of the Labour Act. There should be a system of registration and monitoring of all persons engaged in domestic work. In the light of the observation the Court issued nine directions to the government.   In 2009, the High Court Division of the Supreme Court of Bangladesh gave its observation and directives in the form of guidelines regarding sexual Harassment of female students. Girls and women are often victim of sexual harassment at educational institutions or workplaces but none of the existing laws of Bangladesh define the term ‘sexual harassment’. In the case of Bangladesh National Women Lawyers Association (BNWLA) vs. Government of Bangladesh and Others[20], the High Court Division found that there is virtually no law to prevent and punish acts and behaviour known as sexual harassment of women. The court observed that protection from sexual harassment and the right to education and work with dignity is universally recognized as basic human rights. For the purpose of redressing the context of existed situation the Court and in view of the inadequacy of safeguards against sexual abuse and harassment of women at work places and educational institutions, issued directives in the form of guidelines to be followed and observed at all work places and educational institutions until adequate and effective legislation is made in this field. The Court also directed that the given guidelines would be strictly followed and observed in all educational institutions and work places in both public and private sectors until adequate and appropriate legislation is made in this field. Corporal Punishment is prohibited by a judgment of the High Court Division in the case of BLAST and other vs. Secretary, Ministry of Education and others[21].   Status of Implementation of Judgments/Guidelines The guidelines/directives delivered by the High Court Division for redressing violence against girl child and women could be marked as a step to swing the social mindset. All those judgments and directives are indicating that judicial responses for protecting women’s rights are well provided in order to achieve an effective result. All those judgments implicate that the higher judiciary of Bangladesh has taken the role of an activist in a patriarchal society to fill the lacking of the existing legal framework in redressing gender based violence. However, these judgments consisting directives and guidelines for the protection of women’s rights are slowly implementing.   Recommendations: 1.          Conclusion: In the light of the above discussion, it is clear that statutory and judicial responses have been made and initiatives by the government have also been taken to redress the situation to protect the girl child from violence. But from the statistics, as provided in this article earlier, express that the situation has not been changed even after all the measures taken. However, it is to be said that some parts of the society are now more aware than before against any kind of violence. It is also to be said that the patriarchal psychology and setup of the society is needed to be changed if girl child and women are to be given protection against violence. The patriarchal phenomena to treat female gender as inferior one and consider them as property are also needed to be changed. Moreover, the judicial process to serve the victim of violence along with implementation of the punishment are also important factors for ensuring the protection. In these circumstances, the following recommendations may be beneficial to protect girl child from the violence: 1.      The well said proverb is that charity begins at home. In Bangladesh, family culture is playing very important role. So, to honour a girl from various tiers of the society is to be taught in the family. The government should initiate awareness rising programmes and advertise those programmes through print and tele media. 2.      The judicial procedure should be more favourable to a victim i.e. girl child when she becomes a victim of violence. 3.      Immediate step should be taken to capture the culprits who cause violence against girls child and women. 4.      The law enforcing agency should introduce easy way to complain regarding any kind violence i.e. special help line. Along with this, the magnitude of violence demands that there should be a cell dedicated to deal with the violence issues efficiently and effectively. 5.      There should be a complete “Code” containing all the laws on women and girls and one integrated procedure for the purpose of providing justice to the victims. 6.      The government should take effective initiative to empower women economically and ensure their participation in every sphere of administration. Lastly, it is not irrelevant to say that only amendment, modification or change in legal frame work are not sufficient to redress the situation as the problem is more social than legal. So, it is necessary address the situation from different aspect to ensure a four square improvement.  


[1] Advocate, Supreme Court of Bangladesh; Adjunct Faculty Member, School of Social Science Humanities and Languages, Bangladesh Open University. E-mail: sayempathan@gmail.com  
[2] Hossain, K.T., Imam, M.H., and Khair, S. (2001). Males’ Perception on Violence Against Women in Bangladesh (mimeo). Dhaka: British Council.
[3] Gells, R. and Loseke, D., eds (1993). Current Controversies on Family Violence, Newbury park: Sage
[5] Sexual and Gender-Based Violence against Refugees, Returnees and Internally Displaced Persons, UNHCR, 2003.
[6] ibid
[7] Shelah S. Bloom, Violence against women and girls – A compendium of Monitoring and Evaluation indicators, USAID, Oct. 2008,  p. 14.
[9] ibid
[10] A/RES/48/104,85th plenary meeting, 20 December 1993
[11] The United Nations Fourth World Conference on Women , Beijing, China, September 1995.
[12] Article 3a, Council of Europe Convention on preventing and combating violence against women and domestic violence
[13] Sections 7, 8, 12 of the Prevention of Cruelty to Women and Children Act 2000.
[14] 21 BLD (HCD) (2001), p. 503
[15] 29 BLD (HCD) (2009)
[16] 62 DLR 483
[17] Writ Petition N0. 4495 of 2009
[18] Writ petition no. 8769 of 2010
[19] Writ petition no. 3598 of 2010
[20] 14 BLC (HCD) (2009) 694
[21] 31 BLD 324 (2011).

Comments