Reform commission to seek change in laws discriminatory towards women

Women and human rights organisations have long been demanding a uniform family law through which women of all religions will have equal rights of inheritance, child custody, marriage and divorce.

Although the constitution talks about equality, inequality still persists in society. Even political parties haven't taken any step to remove this inequality. In order to eliminate these inequalities the women’s affairs reform commission is going to recommend changes to the constitution and to the laws.

Major recommendations are expected such as permitting women equal rights in property ownership, guardianship and custody of children, marriage and divorce alongside closing the scope for marrying off minor girls (below 18 years) through special provisions in case of child marriage, and extending maternity leave to six months, enjoyed by government official and employees, for the female workers as well.

The Representation of the People Order (RPO) had the goal of ensuring 33 per cent women representation in the committees formed on every level by political parties registered with the Election Commission by 2020. The parties had also promised to fulfill the condition while getting registered in 2008 but, they could not fulfill it within the stipulated time.

Now the RPO has been revised to meet that target by 2030. Reportedly, the recommendation of the women’s reforms commission may advise more than 40 per cent or equal representation of women alongside suggesting 100 reserved seats for women in the national parliament in line with the recommendation of the constitution reform commission and holding direct elections in those seats.

The members who are there on the women’s affairs reform commission have also carried out movement on this issue at different times. They say that they will try to ensure that the interim government makes at least some changes before leaving.

Chief of the women’s affairs reform commission Shirin Parveen Haque told Prothom Alo, “We will seek to eliminate all forms of discrimination against women in the constitution, in the laws and in various programmes of the government. Towards that end, we will submit our recommendations to the chief advisor at the end of this month.”

“There will be some recommendations for the interim government and some recommendations for the future government. This commission is the result of the anti-discrimination movement. So, recommendations will be made to eliminate all forms of discrimination there are in women’s lives,” she added.

However, she did not want to give details about exactly what’s in the draft recommendations at the moment before finalising the recommendations. Shirin Parveen Haque said they have held 13 meetings with various stakeholders inside Dhaka and 7 meetings in different districts outside of Dhaka.

Before the formation of the women’s affairs reform commission, different organisations of women met with chief advisor Dr Muhammad Yunus on 20 August last year and made several recommendations there. Founding member of women’s organisation ‘Naripokkho’, Shirin Parveen Haque was at the leadership level in the discussion at that time.

It was recommended there to establish a women’s rights commission instead of working on various issues involving women in a scattered way. The women organisations proposed to set up the women’s rights commission, mentioning that commissions like the Right to Information Commission and the National Human Rights Commission failed to fulfill the responsibilities they were supposed to fulfill falling under pressure during the party government.

When asked whether those recommendations made earlier would be included in the upcoming recommendation of the women’s affairs reform commission, Shirin Haque said, “They might be there.”

Reportedly, the heads of six reform commissions out of the ten formed by the interim government have already submitted their reports to the chief adviser. The women’s affairs reform commission is also looking into how women’s affairs have been placed in those reports.

Various articles of the 1972 constitution of Bangladesh, such as 19(1), 19(3), 28(1), and 28(2), protect equality and equal participation of women in all spheres under universal principles. While the constitution speaks of equal participation in state and public spheres, it recognises religious laws as well when it comes to family law. Matters like marriage, divorce, guardianship and custody of children as well as inheritance are controlled by the family laws.

Although Bangladesh approved the international ‘Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)’ in 1984, it retained reservations on articles 2 and 16.1(C).

Article 2 of the convention states that parties shall take legislative and administrative measures and reform their laws to eliminate all forms of discrimination against women. And, article 16.1(C) states that men and women have the same rights and responsibilities during marriage and at its dissolution. No government has withdrawn reservation on these two articles.

Bangladesh Mahila Parishad president Fauzia Moslem told Prothom Alo that after the Awami League government came to power in 1996, it adopted the national women’s development policy in 1997. That policy had talked about equal rights for women in all sectors, including property ownership. But, when the BNP-Jamaat-led four-party alliance came to power in 2001, it canceled that policy. The women’s policy formulated by the four-party alliance government did not include equal rights to property.

After the Awami League government came to power again in 2009, it adopted a new woman’s policy retaining equal rights from the previous one through discussions with the women organisations. However, they backed down from that stance later. Since then, until its deposition in the face student-public uprising in August 2024, the Awami League government did not show any interest of making any changes to the issues of inequality in the family laws, she added.

Fauzia Moslem reinstated that the Mahila Parishad supports the initiative to change all the laws and programmes that discriminate against women. The Mahila Parishad has long been demanding to ensure a uniform family law for citizens of all religions in the country. Even this time, in a meeting with the women’s affairs reform commission, the organisation sought equal rights in property, divorce, and guardianship of children. It also demanded the formation of adoption law and equal rights for women in that.

Fauzia Moslem believes that women as citizens should have equal rights in their personal lives. Otherwise, no matter how high a woman climbs she still does not have any dignity. Due to this lack of dignity, men consider women subordinate to them and there are various incidents of violence. If this women right is ensured in their personal lives, violence against women will decrease as well. 

They have demanded the number of seats in the national parliament to be increased to 400 with 150 seats reserved for women and direct elections in those seats to ensure women’s political rights, said Fauzia Moslem.

The cabinet division issued a notification regarding the formation of a 10-member women’s affairs reform commission on 18 November last year. Other members of the commission headed by Shirin Parveen Haque are- senior fellow at BRAC Institute of Governance and Development Maheen Sultan, Bangladesh National Women Lawyers’ Association president Fawzia Karim Firoze, Bangladesh Garment and Industrial Workers Federation president Kalpona Akter, women’s health expert Halida Hanum Akhter, Bangladesh Nari Sramik Kendra executive director Sumaiya Islam, former member of the National Human Rights Commission Nirupa Dewan, Naripokkho director Kamrun Nahar, senior social development adviser at Asian Development Bank Ferdousi Sultana, and student representative Nishita Zaman Niha.