Family law of Bangladesh: Family law of Bangladesh: In respect of MasculinityIn respect of Masculinity

Family law of Bangladesh: Family law of Bangladesh: In respect of MasculinityIn respect of Masculinity

Presented byPresented by

Jhuma HalderJhuma Halder

HRCBM, BangladeshHRCBM, Bangladesh

Core Questions• Who are men and women? • How masculinity affects women?• How could (we) grow social and

political perception on masculine issues towards women in Bangladesh?

• Why does the family court not equal?

Objective of the project

• To develop personal schemes and support gender balancing affairs in personal and public life.

Justification• Family Law usually maintain religious or secular

values of special communities that regulates the rights and responsibilities of individuals within their families and community.

• Family Laws can be defined as the legal act, which deal with the relations of women and men in the family, such as marriage, divorce, dowry, maintenance, guardianship, etc.

• As per Legal act, Heterosexual Family consists of both male and female

Justification• Family Court allows limited matters

of family, such as: divorce, dower, maintenance, guardianship and restitution of conjugal rights

• Women are only custodian. • Family court does not allow

property rights

Family Court and masculinity practice

General Masculinity:• Women are not entitled to file petition

for restitution of conjugal rights

Masculinity within religion:• Claiming dower is only for Muslim

women• Hindu women fail to prove marriage

without valid documents;

Broader Discourse of / General Masculinity

• Women are always subject to repression of rape, gang rape, kidnapping, abduction, trafficking, infanticide, beating, dowry problem, acid throwing, slapping, teasing, and such kinds of atrocities are always treating as GBV.

• But, civil rights (family disputes, property

rights, etc.) are not protected everywhere

Minority Discourse of Masculinity

• As a customary law, Hindu Law deprived women much rather than other religious law.

• Hindu Law in BD dominates not only Hindu women but also Buddhist and Tribal

Hindu Law in BD• Hindus are divided into two schools

namely, Mitaksara or Dayabhaga. Practice of two schools, Mitaksara or Dayabhaga, has changed and one law has enacted for all the Hindus of India.

• But in Bangladesh, existing Hindu Law came form birth place of Sanatan Dharma, which is more than 10000 years old and oldest in the world history. It does not change and sanction women’s right within family and society

Status of Majority Women

• The statuses of Muslim women are not equal but they are recognized half of the successor to the property of the deceased and they have some rights to protect themselves in family spheres; such as right to marriage registration, divorce, dower, guardianship, maintenance, property, etc.

Status of minority women• Women, under Hindu Law, are treated as

movable property of a family, which is handed over through marriage.

• Hindu law in BD does not permit marriage registration, divorce, adoption, right to property, etc.

• Unmarried, widow and separated women are not well treat within family sphere and society.

• Female of Lower cast are neglected everywhere.

Target Group

•Students of University level in Dhaka

(Pilot) Project MethodBy this project we like to conduct awareness meeting among the students of the university to aware themselves to fight for the rights of woman for personal dealings and collect information of violation of private and public rights.

Strategy for 4 months

Activity Subject Duration Meeting

Awareness Program

Understanding Self and Basic Understanding of Masculinity

2 - 4 hours 1 day, July, 2011

Awareness Program

Manhood and mine and Forms of Discrimination

2 - 4 hours 1 day, August, 2011

Awareness Program

Forms and Consequences of Discrimination

2 – 4 hours 1 day, September, 2011

Awareness Program

Role of a student (Say ‘No”) and Reverting Self

2 – 4 hours 1 day,October,2011

Outcome • Promotion of social awareness and

initiate the project to run our activity grass root to top level

• Increase awareness on gender issues to amend discriminatory laws and policy in family sphere.

Dissemination • Developed Materials will be

distribute among the participants• News casting • Internet circulations

Breakdown of BudgetItem Expenditure

Disbursement Cost (Actual)

Literary Review

Reference & Law Books, legal decisions - judgment photocopy, journals, gadget investigative reports, etc.

$ 500/

Materials Development

Interview/ survey/ Publisher/ Photocopy/ data analysis

$ 400/

Operational Expenses

Stationary, utility, venue, banner, travel, room decoration, contingency, refreshment,

$ 1,000/

Honorarium and Participant observer

Honorarium/ stipend of researcher and participant observer

$ 300/

Expectation from SANAM

• More academic discussion for broadening the legal issues, i.e. legal definition, justice system, etc.

• Institutional and logistic assistance to implement the project

Proposed Mentor - Internal

• Mr. Rabindra Nath Trivedi is a Historian. He has several books that are using as ref. book in M.Phil and PhD unit under department of sociology in RU.

• Professionally he belonged the post of secretary, Ministry of Law in BD

• At present he is holding post of G.S. of HRCBM – Dhaka, Bangladesh

Proposed Mentor - External

• Dr. Sanjoy Srevastava, Department of Sociology, Delhi University, India

The reviewers commented and The reviewers commented and suggested me to improve draft suggested me to improve draft

and re-write methodology, and re-write methodology, activity, outcomes, work plan activity, outcomes, work plan

and budget with clear and budget with clear breakdown breakdown

The reviewers commented and The reviewers commented and suggested me to improve draft suggested me to improve draft

and re-write methodology, and re-write methodology, activity, outcomes, work plan activity, outcomes, work plan

and budget with clear and budget with clear breakdown breakdown

Comments and Reflections after Comments and Reflections after Phase – I , by ReviewersPhase – I , by Reviewers

Comments and Reflections after Phase – II

• Clear methodology, analytical views on religious masculinity, particular law analysis, judgment on difference secular on religion, law of gender, minority discourses, maintain objective of fellowship understanding masculinity, strategic importance, real position of women in minority community

That’s AllThat’s AllThat’s AllThat’s All

Thank youThank you