In Bangladesh, women’s pathways to justice are blocked out by societal stigmas and preconceived stereotypes. In such a scenario, one might expect allyship and empathy from women in positions of power, who often come from a place of relative privilege. However, this is not always the case. Internalized misogyny and a “rigged” system that dismisses marginalized communities can obstruct pathways to empowerment for women in need, making both men and women culpable.
How misogynistic societal norms condition women
Whilst gender-based violence is rampant even in the urban communities of Bangladesh, its intensity is immeasurable in rural areas, where women cannot escape the vicious cycle that dictated the lives of their mothers, grandmothers, aunts, and sisters. Research conducted by Sultan, Akter, Mahpara, Pabony, and Tasnin (2021), analyzed the experiences of women in seeking justice against domestic violence at different levels, starting from their families to non-governmental organizations (NGOs) and the formal justice system, during COVID and the remedies that were made accessible. Women experiencing domestic violence from rural and peri-urban areas were interviewed. Both state and non-state actors’ involvement in women’s justice journeys were taken into account. When women tried to seek justice for the violence that they endure at their in-laws’, they were asked to quietly endure the torture for the supposed betterment of their children, advised to behave in ways that make them flawless to their in-laws. According to a national survey of 21,688 women by the Bangladesh Bureau of Statistics (BBS) in 2015, 72.6 percent of married women have experienced violence from their husbands in their lifetime.
How a rigged legal system impedes justice
The legal system is unequipped to protect the women who are oppressed, especially those who live far away from district towns. For this reason, village courts that are established under the Village Court Act 2006 are an important domain for access to justice at the rural level. However, lack of proper legal facility, limited jurisdiction, and political influence clouds the judgment passed by these village courts. Even when poor and marginalized women seek justice at a formal level, the laws tend to be biased against them. The Muslim Family Laws Ordinance more often than not is grossly biased against women, especially on issues related to marriage and divorce. Section 5 of the Muslim Family Laws Ordinance, 1961, states that a man with a living wife or living wives shall not contract another marriage without the permission of the shalish council in writing. This ordinance empowers the council to issue licenses for marriage registration, allowing the wife or wives to seek remedy if the husband fails to maintain them equitably. Unfortunately, research by BLAST and the Madaripur Legal Aid Association (MLAA) shows a lack of information about the process. Polygamy was found to be solved outside the Arbitration Council, as local government representatives preferred informal arbitration (shalish) to solve the matters.
In addition to that, traditional justice is rather convoluted and often inaccessible to women. One of the major reasons that demotivate survivors from carrying on with the legal proceedings is the delays in justice and backlogging. When a woman named Rina (pseudonym) filed for divorce with the assistance of her father, the shalish withdrew the divorce papers and asked both the families to work things out among themselves. It is also reported that lawyers have expressed discontent toward their clients for not understanding the slow pace at which court proceedings move forward. Such instances make it difficult for women to actively seek justice and succeed. (Sultan et al. 2021)
When such situations are taken into account, Mosammat Kamrunnahar’s inconsiderate and cruel remark ceases to come as a surprise. We must, however, also acknowledge the damage that such statements cause in perpetuating the age-old patriarchal system that continuously obstructs the path of justice from women. Gender-based violence does not happen in a vacuum. It is the consequence of the ingrained, casual misogyny, preference for boys in families, the systemic abuse, and the power imbalance that exists in Bangladesh. Women who have overcome societal stigmas and emerged successful exist, albeit very few. The system is constructed to perpetuate age-old violence that holds back the significant half of society. Social and legal reforms must be made to accommodate and serve the women who need it.
Reference:
- Sultan, M., Akter, M., Mahpara, P., Pabony, N. A., Tasnin, F. (2021) Access to Justice During COVID-19 for Survivors of Domestic Violence. Dhaka: BRAC Institute of Governance and Development.
- Bangladesh Bureau of Statistics. (2018). Gender statistics of Bangladesh 2018
- Bangladesh Legal Aid and Services Trust. (2020). Response to questionnaire on COVID-19 and the increase of domestic violence against women. Submission for the UN SRVAW’s report to the General Assembly on COVID-19 and the increase of violence against women, with a focus on domestic violence.
Aysha Zaheen and Farhan Ajmaine are interns in the Communications team at BRAC Institute of Governance and Development (BIGD).
