Women's Reform Commission: A background
In July 2024, the courageous and organised participation of women in the mass uprising on the streets of Bangladesh added a new dimension to the state reform movement. With 51% of the country's population being women, this participation was not just a protest but became a historic demand for redefining women's representation and rights in the reconstruction of the state structure post-uprising.
In this continuity, on November 18, 2024, the interim government formed the 'Women's Reform Commission.' The aim of this commission is to review existing discrimination against women in legal, social, economic, and political structures and to formulate relevant reform proposals.
According to statistics, women's participation in the country's labor force is 42.7%. Women spend an average of 6.2 hours for the household work daily whereas men do only 1.4 hours. About 70% of married women are victims of some form of violence by their husbands, and 54% of women are victims of physical or sexual abuse. Women still do not receive equal shares in inheritance.
Achieving equal rights for women is not just a matter of social justice; it is part of internationally recognized human rights. Therefore, the formation of the Women's Reform Commission reflects state responsibility and is a historic step, which is a significant milestone in building a sustainable society based on equality, dignity, and inclusion.
What is in the Women's Reform Commission's report?
The Women's Reform Commission published its report on April 19, 2025. Divided into 17 chapters, the report presents a total of 433 recommendations in three phases. The three phases are: a) Immediate actionable steps under the interim government, b) Activities to be completed in the first five years of the elected government, and c) Strategic dreams and proposals for building a future women-friendly state.
Notable recommendations include: electing an equal number of female representatives in parliament through direct elections; formulating policies to prevent sexual harassment in all workplaces and forming complaint committees; setting the minimum age for marriage at 18 years; amending laws to ensure equal inheritance rights for women; enacting an optional uniform family Code; mandatory six months of full-paid maternity and adoption leave for working women; recognizing marital rape as a crime; recognizing sex workers as workers; ensuring 50% female participation in media; establishing a permanent women's commission.
The commission has provided a clear outline to ensure women's rights across family, society, and the state. However, conservative groups have demanded the cancellation of the entire commission, raising allegations of religious interference on the question of 'equality,' although the provision of equality in inheritance law has been presented optionally.
Is the Commission Saying Anything New?
Like the global women's rights movement, the women's rights movement in Bangladesh has had to traverse many challenging paths. Yet, the demands have not stopped, nor has the progress. Bangladesh has brought women's advancement into the mainstream of human rights and overall development. As part of this, the government approved the Beijing Platform for Action in 1995 and formulated the 'National Women's Development Policy' in 1997, which was updated in 2011. In 2013, an action plan was formulated, which assigned specific roles to various ministries to ensure women's human rights.
The proposals of the Women's Reform Commission are an expanded version of this policy. However, it includes some important issues that were unclear in previous policies. For example, equal rights in property, equality in marriage and family life, women's participation in state and political arenas, and recognition of marital rape as a crime. These demands are not new; they have been part of the women's rights movement since the 1990s.
Unfortunately, resistance and compromise politics have always been visible on the question of women's rights. An example is the CEDAW convention. Its full ratification has not been done in the past 41 years. However, the confusion and hatred being spread in the name of protest recently against women in Bangladesh will remain a disgraceful chapter in history. Many believe that this reaction will rather accelerate the women's rights movement, than stop it.
The government can take initiatives to raise public awareness by using media and social media to highlight the purpose, relevance, and role of the law in women's rights
Uniform Family Law: Ensuring Women's Rights
A uniform family law is a policy framework that applies equally to all citizens regardless of religion, race, or community. It ensures equal rights for men and women in marriage, divorce, maintenance, inheritance, and child custody. It reduces social discrimination based on citizen rights and justice without interfering with religious beliefs.
In Bangladesh, separate family laws exist for Muslims, Hindus, and Christians, based on colonial rule and religious doctrines. However, Buddhists are governed by Hindu family law due to the absence of a family law for them, creating practical complexities in many cases. These laws particularly discriminate against women. For example, Muslim women do not receive equal shares in inheritance law. Muslim men can easily divorce, but by leaving clause 18 of the marriage contract blank or writing 'no,' women's right to divorce is limited. Hindu women have no divorce law, so they remain abandoned without separation. Christian women must prove their husband's adultery for divorce.
Women are also behind in child custody. Under Muslim law, male children are kept in the mother's custody until seven years of age, and female children until puberty or marriage, whichever occurs first. However, in deciding child custody, the court prioritizes the child's welfare over religious provisions. Due to the lack of clear provisions in Hindu and Christian laws, women have to go through a long and complex process for custody.
If a uniform family law is implemented, women of all religions will receive equal rights to property, divorce, and child custody. It will facilitate legal remedies against women's abuse and implement equal rights for all citizens according to the constitution.
Is uniform family law possible in a Muslim-majority country?
Looking at other Muslim-majority countries, two types of examples can be found. The application of uniform family law is seen in Tunisia (1956), Turkey (1926), Senegal (1972), Turkmenistan (1992), Azerbaijan (2000), and Kazakhstan (1995). On the other hand, Malaysia and Morocco have coexistence of civil and Sharia-based laws. In Indonesia, Sharia law applies to Muslims and civil law to non-Muslims.
Successful implementation of uniform family law in Muslim countries has been facilitated by political will, reformist attitudes, and social awareness. Women-friendly social movements and civic awareness can play a significant role in this regard. Additionally, the state's commitment to international law and human rights treaties can be helpful. Through uniform family law, legal equality for Muslim and non-Muslim women will be ensured, rights will be protected, and access to justice will be facilitated.
Equal rights in property: Religious excuse or something else?
In Bangladesh, women are often deprived of inheritance from their father's property. This is not due to religious restrictions but rather social discrimination. Islam has recognised women's rights to property (Surah Nisa 4:11-12), but society has failed to implement it. Often, women's rights are undermined by misinterpreting religion.
Looking at the question of equal rights in property from the perspective of the Quran, 'Wasiyyat' or delegating will ensure a kind of fair and expansive distribution of inheritance. Surah Baqarah 2:180-182, 2:240; Surah Maidah 5:106-108, and Surah Nisa 4:11-12 mention this provision. This system allows for giving more property to a specific person considering family context, children's age, financial status, etc. However, if there is no wasiyyat, the Quran's prescribed distribution will apply. In other words, the humane consideration in property distribution in Islam creates an opportunity for legal reform for equal rights for women in the modern state structure.
From this perspective, there is no obstacle in Islam to give women their rightful rights; rather, there is a principle of justice. As the guardian of citizens, the state can enact a law that ensures equal property rights for men and women using the opportunity of wasiyyat.
Islamic jurisprudence can be updated dynamically, and there are examples of changes in various schools of thought. Therefore, progressive legal reform is possible while preserving Islamic values, ensuring equal rights for women considering the constitution, human rights, and fairness.
Interim government's responsibilities
To implement the recommendations of the Women's Reform Commission, it is crucial for the government to take a well-planned and inclusive approach.
Firstly, for the immediate implementation of the proposed recommendations for the interim period, detailed discussions with relevant ministries are necessary to make policy decisions. Then, orders must be issued, action plans formulated, and funding ensured for the implementation of the recommendations.
For the implementation of long-term recommendations, the government can formulate a policy framework. This framework should clearly explain the ethical, constitutional, and international context for enacting new laws like uniform family law. A special committee can be formed for this purpose, including legal experts, sociologists, religious scholars, women's rights activists, and human rights experts.
This committee will prepare draft laws and oversee the process of gathering public opinion.
The government can exchange views with political parties on the commission's recommendations to gain their support and commitment.
Through consultation meetings at local and national levels, the government can positively assess public perspectives to increase the acceptance of the proposed law.
The government can take initiatives to raise public awareness by using media and social media to highlight the purpose, relevance, and role of the law in women's rights.
Through these steps, the government will not only enact a just and equality-based law but also create a strong social foundation for its implementation.
The 2024 uprising was a call for equality. The recommendations of the Women's Commission are a response to this call. It is crucial to take steps to implement these recommendations now. This commission is not just for women but is the foundation for the future of justice and equality in the state. If Bangladesh makes bold decisions at this moment, history will remember this time as the beginning of a non-discriminatory, humane , and equality-based state.
* Farhana Hafiz, Shammin Sultana, Sabina Parvin are gender analysts, Jyotirmoy Barua is a lawyer and Sadiq Mohammad Alam a writer