Domestic violence must be recognised as criminal offence

The Ministry of Women and Child Affairs, in collaboration with the United Nations Bangladesh and the Local Consultative Group on Women Advancement and Gender Equality (LCG WAGE), inaugurated the commencement of the 16-Days of Activism Against Gender-Based Violence on 26 November at the Pan Pacific Hotel in Dhaka.

Under the theme ‘Invest to Prevent Violence Against Women & Girls’, the discussion highlighted the cruciality of preventing violence against women and girls, focusing on critical issues like discriminatory laws, workplace violence, and creating safe spaces for women’s leadership.

As the special guest, the UN Resident Coordinator said, “Besides passing legislation and enhancing implementation, adequate funding allocation is imperative to ensure these commitments, coupled with a mechanism to track gender equality budget allocation overall.”

Swedish ambassador Alexandra Berg von Linde, also present as a special guest, emphasised, “The cost of violence in any society is enormous. The price we pay - as a society, as a community, as a family and as human beings are enormous. The effect of violence covers generations and drains resources on all levels. Investing in preventing gender-based violence is therefore not only the right, but the wise thing to do.”

Barrister Farzana Mahmood presented a comprehensive research paper evaluating Bangladesh’s existing legal framework regarding domestic violence and workplace sexual harassment during the roundtable. This paper, based on recent studies by the ILO, UNFPA, and UN Women, emphasised legal gaps and strengths, shedding light on necessary improvements.

An alarming revelation was the prevalence of domestic violence in Bangladesh, with a 2015 survey indicating that approximately 72.6 per cent of married women have faced abuse.

Despite the Domestic Violence (Prevention and Protection) Act of 2010 aiming to address this, the Criminal Penal Code doesn’t classify domestic violence as a criminal offence.

Recommendations stressed the criminalisation of domestic violence, police force training, and broader consultations with women’s rights organisations, academia, legal and social researchers, and the judiciary for law amendments.

While the high court directive of 2009 provides guidelines to prevent sexual harassment in workplaces, educational institutions, and public places, laws like the Bangladesh Labour Act 2006 still contain vaguely worded prohibitions needing revision such as “indecent or unmannerly of which is repugnant to the modesty or honour of any woman” requires immediate revision. 

Focusing on prevention, the chief guest, State Minister of Women and Children Affairs Fazilatun Nessa Indira, in her speech said, “We can reshape our culture. Changing men’s attitudes, stereotypical mindsets, and behaviour is essential to reduce violence against women.”

At the open discussion participants stressed the necessity of family-level interventions, assessing the cost of gender-based violence (GBV) and its impact on the national budget, addressing patriarchy, and investing in research to reduce violence against women and girls.

Country Representative of UN Women, Gitanjali Singh, highlighted, “Annual monitoring of laws and timely amendments are crucial to keep them relevant. The current global investments in preventing gender-based violence are not enough. Governments must unlock financing from various sectors and adjust national budgets through gender-responsive budgeting.”

Country Representative of UNFPA, Kristine Blokhus said, “On behalf of UNFPA, I commend the Ministry of Women and Children Affairs for their crucial steps in amending domestic violence laws and initiating new legislation on sexual harassment. You can count on UNFPA’s support in these endeavors.As we address violence against women and sexual harassment, while working on new laws and improving existing ones, let’s focus these discussions on women’s dignity, safety, and empowerment. Sexual Harassment is problematic issue not because it undermines a woman’s modesty – but because it undermines her freedom.”

In her remarks, Najma Mubarak, Secretary of the Ministry of Women and Children Affairs, affirmed, “We recognize the importance of prioritising research and development. Today’s recommendations will be our focus moving forward.”

The session was moderated by Prakash Kanti Chowdhury, Joint Secretary & Project Director, Multi-Sectoral Programme on Violence Against Women. Distinguished attendees included Swedish Ambassador H.E. Ms. Alexandra Berg von Linde, Gitanjali Singh, Country Representative of UN Women, and Kristine Blokhus, Country Representative of UNFPA.

The seminar emphasised the crucial role of the 16-day programme in preventing violence against women and girls in Bangladesh. It provided a collaborative platform for stakeholders to address challenges and collectively work towards fostering a safer, more inclusive society.