CHAPTER 9

THE POLITICS OF
IMPLEMENTING WOMEN~§
RIGHTS IN BANGLADESH

NAJMA CHOWDHURY

INTRODUCTION

I n Bangladesh, the forces for change in the status of women flow from
many sources including the women's movement, grassroots non-
governmental organizations (NGOs), and human rights organiza-
tions. The impetus for change also comes from sources both in and outside
of the government that are concerned with economic development, from
international organizations such as the United Nations, donor agencies or
"development partners," and from global corporations that bring capital
into the country in the form of direct foreign investment, investment that
often creates jobs for women. The state faces a situation where its national
development goals require that it subscribe to the development discourse
that would, for example, seek to educate women, especially the girl child,
and provide development inputs for the advancement of women who con-
stitute half of the country's population. At the same time, the state has to
exercise caution and not appear to be espousing "equalizing measures" di-
rectly promoting women's equality and women's rights too zealously be-
cause such measures might displease the conservative, fundamentalist, and
patriarchal forces that shape the political contours of the society.
This chapter is a case study of how the United Nations Fourth World
Conference on Women, an international event basically designed by
forces outside of Bangladesh, has interacted with and influenced the po-
litical environment in Bangladesh with regard to the implementation of

J. H. Bayes et al. (eds.), Globalization, Gender, and Religion

© Jane H. Bayes and Nayereh Tohidi 2001
204 NA)MA CHOWDHURY

women's rights. The first section outlines the constitutional rights and
status of women in Bangladesh and also briefly reviews the society and
culture. The second section describes the existing national machinery for
the advancement of women. The third section defines the Beijing Plat-
form for Action and examines the pre- and post-Beijing actions taken by
the government. In comparison with other member states of the United
Nations, Bangladesh has been remarkably active in taking initiatives dur-
ing the post-Beijing period. The concluding section explores and attempts
to explain the postures and positions of the government and the women's
movement to two basic issues in the Platform for Action-violence to-
wards women and inheritance-each of which illustrate a different ap-
proach to the Women's Question.

SOCIETY, POLITICS, AND CULTURE:

DOMINANT TRENDS

CONSTITUTIONAL AND GOVERNMENTAL ISSUES

Bangladesh is not an Islamic theocratic state, but was created as part of Pak-
istan in 1947 to satisfy Muslim nationalism as separate and distinct from
"Hindu" India. The eastern part of Pakistan, which in 1971 became
Bangladesh, experienced political and economic domination and exploita-
tion by the western part of Pakistan, which eroded the bond of one Pak-
istani nationhood based on religion. The next two decades witnessed a
surge of cultural nationalism emphasizing the distinctiveness of culture and
ethnicity, which offered the theoretical framework for domination and dis-
sent. The Bangladesh state emerged in December 1971, claiming victory for
secularism in politics. Yet, Bangladesh is a Muslim state by virtue of having
an overwhelming proportion of citizens who are Muslim. Muslims consti-
tute nearly 88 percent of the country's 120 million population, making
Bangladesh the third-largest Muslim populated country in the world. Islam
is the dominant religion of the country and sets the tone of the social and
cultural ethos. Muslim Personal Laws define the status of women in mar-
riage, inheritance, divorce, and custody. In 1988, the Eighth Amendment
of the Constitution was adopted, which included the following article:

The state religion of the Republic is Islam, but other religions may be prac-
ticed in peace and harmony in the Republic. (Article 2A) 1

Although Islam is officially the state religion, the Constitution of the

country stipulates in principle the equality of all citizens, while also rec-
ognizing the claims of disadvantaged communities, particularly women,