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1. The Title of the Research: Socio-legal Impact of Nari O’ Shishu Nirjaton Daman Ain, 2000 in Bangladesh: A Legal Analysis.

2. Introduction:

At least half of all population in Bangladesh comprises of women. But it is a matter of great regret that they are not in a comfortable position. They are victims of both repression and depression in all level of social status. Even a well educated woman, teacher of the University of Dhaka, Rumana Monjur also can’t escape from repression in spite of having the provision of the Nari O’ Shishu Nirjatan Daman Ain, 2000.

Another thing makes me keen to conduct this research that sometimes persons are falsely accused under this Act. Many false and fabricated suits are filed as matter of revenge which makes both the complainant and accused in a socially heinous position. So I want to conduct this research to see the reality of the impact of this Act on the women of Bangladesh.

3. Statement of the problem:

Article 27 of our constitution ensures the equality of man and woman. In spite of this constitutional right women are to face a great deal of violence. Now a days this violence is so acute that Nari O Shishu Nirjaton (Bishesh Bidhan), 1995 was unable to meet the problem and the Act Nari O’ Shishu Nirjaton Daman Ain, 2000 was passed and come into operation on 14^th February, 2000. Some amendments were brought in it on 2003 in order to keep pace with society.

Despite this Act, women are not in a safe position. Violence is increasing in an alarming rate including sexual harassment, physical and mental torture, etc. If a wife file any suit against her husband, she does not feel easy to live with him after mitigating the matter and even mutual respect to their relationship come to a looser point. So more often dissolution of marriage takes place which is not after all desired by woman.

Again, to prove a rape case is a matter of another type of harassment. It is the least reported crime and a sensitive case as a woman’s sense of dignity is related directly to that case very intimately (Naomi, 2009).

 On the other hand, when a false and fabricated suit is issued, it takes so much time to prove the matter. To face a suit in Bangladesh is time consuming and expensive, though there is scope to be tried under a tribunal.

I am very much confused how much this Act is a benediction for Bangladeshi woman! Is the Act able to change the social status of a female and to improve the social attitude of male towards female? These questions inspired me to conduct this research.

4. Research Objectives

This study will explore the real conditions of the female’s repression in socio-legal environment after passing of the Act Nari O’ Shishu Nirjaton Daman Ain, 2000.Actually the main objectives of my research are as follows;

(a)    To see the real picture of this vulnerable society.

(b)   To go through the Nari O’ Nirjaton Daman Ain, 2000 properly.

(c)    To discover the effectiveness of the act on the Bangladeshi women.

(d)   To raise the social awareness and try to improve males’ attitude towards female.

(e)    To ensure mutual respect between husband and wife by avoiding the legal proceedings.

(f)    And after all to reduce vexatious, false and fabricated suits and to ensure social justice.

5. Review of Literature:     

Rape case has the highest pending number of cases as in most of the cases defense lawyer raise the question of character of the victim. Eight stages of rape case have been selected to identify the challenges in judicial cases-from filing FIR in police station to the pronouncement of judgment in the special tribunal for Nari O’ Shishu Nirjaton Daman Ain (Naomi, 2009). Naomi only explore through the rape cases, did not go through the domestic violence between husband and wife. I will study all types of violence faced by women determined in the Nari O’ Shishu Nirjaton Daman Ain, 2000.

While Nari O’ Shishu Nirjaton Daman Ain, 2000 prohibits the earlier practice of using jails to place women or girls in safe custody, still judges may direct that woman be put there without their prior consent. Women in safe custody remain vulnerable physical and psychological abuse (ASK,et al;2004) . ASK shows only the defects in judicial process not its social impact which is an important part of my research.

Women are more susceptible to becoming poor when they lose the male earning member of the family due to abandonment or divorce (CPD, 2001). This report deals only with the inequalities related with the empowerment but there is no picture if even empowered women are free from the said violence.

The prevailing climate of insecurity, especially a rise in stalking and sexual harassment of school and college going girls discourage their families to continue their daughters’ education (CiC-BD, 2010). This study merely says about the result of harassment, does not get the legal way to help them.

Gender bias, myths and stereotypes about women, their sexuality and their role in family and society, impinge upon women’s access to justice, and deter rather than facilitate women seeking redress against grievances Counseling and guidance should be the first step instead of putting the accused into cell, as most of the petitions ensue from marital or domestic discord, where if the husband is pushed into jail, the situation only worsens for the woman (Pereira, 2005). This policy is much related with my topic but a difference I find that my study will say to improve the humane relation between a male and a female not only the relation of woman and police.

In spite of having, Nari o Shishu Nirjaton Daman Ain, 2000 and The Domestic Violence Bill, 2010, we are still haunted every day with stories of rape, violence, inhuman torture against girls and women and worst of all, the stigma that is attached to this violence that stops us from seeking justice within our families and the formal courts (Siddiqui; 2011). Her study explore some crying and grievance of victim women existing even after passing Nari O’ Shishu Nirjaton Daman Ain, 2000 ;The Domestic Violence Bill,2010 and some decades of feminist movement but does not say about socio legal impact and remedy under the Nari O’ Shishu Nirjaton Daman Ain,2000.

Harassment leaves women feeling insecure and afraid at the least, but can have several consequences, one of which is of the women wanting to take their own lives. It seems to be the easier way out, for facing the consequences is far from it. Under section 9(a) of the NariO’ Shishu Nirjaton Daman Ain, 2000, the punishment of willful dishonour is not only inadequate, but 'willful dishonour or assault' itself    may be difficult to prove, which allow perpetrators to get away (Islam, 2010).In this study only judicial shortcoming has been shown but its another side relation of social and legal process is avoided here.

6. Justification:

I think this study will help in increasing both social and legal awareness among people as well as law enforcing agencies. Many related researches have taken place but my study will be somehow different as I saw show social and legal effect of the said Act on women only and will explore the conditions or position of the victims after passing the Act. Naomi (2009) and ASK (2004) show only judicial defects, not social effects and Naomi explores only the rape cases.

CiC-BD (2010) and Siddiqui (2011) studied only the grievances of the victims while my study is need to see the reality as well as to find out the actual problem and its solution. 

Pereira (2005) says only the relation between women and police but I wish to go through humane relation which will extends to every male and female.

Islam (2010) recommends to the judicial shortcomings under section 9(a) of the Act while my research will show relation between judicial and social shortcomings. So I assure that no same research has been taken place still in Bangladesh and my study will be a distinct one. It will be helpful for vulnerable section of society who are still ill fated by social attitude in spite of having legal remedy education and all other facilities.

      7.  Scope of the research:

This study will find out the lacuna of the Act related with women violence and will include the picture of the false cases under this Act and its result both on male and female. I am hopeful that this research will fix the real causes which bar this Act to reduce women violence in society. By using this study development policy may be made in national and international sphere.

   

8.   Limitations of the research:

I will not analyze all the sections of the Act, only related matter will be discussed. My study will explore only the reality faced by women not by children as it include a vast area. It will be applicable only for Bangladeshi women not for the women abroad. I want to show only the socio-legal effect of Nari O’ Shishu Nirjaton Daman ain, 2000 and not related provisions of other prevailing statutory laws. 

9.   Methods of the research:

The research will be based on the qualitative method. I will use text books, journals and information from internet as secondary sources. Then I will go through the statute, case law, and existing research report as primary source. I will use the procedure of purposive sampling to sample, and then I will take interview of the selected group to feel their problems properly. Some case study will help me to go in depth for investigation and to see the real picture of them. By understanding the problem profoundly, I will try to make my research as a useful one.

      10.  Conceptual framework:

Various concepts are very important in this research, like woman, abduction, kidnapping, rape, dowry etc. which need to conceptual clarification. In this section the key concepts would be described on the basis of the research subject according to the said Act.

Woman: it means woman of any age (sec.2g).

Kidnapping or Abduction: to compel a person to go from one place to another place by applying force or upon inducement or enticement or by deceitful means or by intimidation (sec.2b).

Rape: If a male person, except in marriage tie, without the consent of the woman or by intimidation or by deceitful means cohabits with a woman aged above the age of sixteen years or with a woman of below the age of sixteen years with consent or without consent cohabits then it will be presumed that he has raped her (sec.9 (1) explanation).

Dowry: any types of money, goods or another property as (demanded by the bridegroom or by his father or mother or any other person who is directly related to the marriage in favour of the bridegroom) consideration for the marriage on the condition to perpetuate the marriage and it is paid during the time marriage to be held, or in the earlier period or during the continuation of marriage (Ud-Din, 2008).

Socio-legal impact: it will include the effect of the Act on the women and men in their family and society.

11.   Time Frame:

I think that the study will need about six months time to be completed. I have divided the time for several works as following categories:

No.	Working List	Time period
1	Literature review and preparation of guidelines	One month(15th july-15th August,2011)
2	Data collection	Three months (16th August-15th November,2011)
3	Data analysis	One months (16th November – 15th December,2011)
4	Preparing final report	One month (16th December – 15th January,2012)

12.        Conclusion:

Justice and human rights are fundamental components of human development. To reduce women violence is one of the fundamental elements of ensuring human rights. Legal provision itself is not able to ensure this right without help of social awareness which will be tried to clarify in my study. The research will leave further scope of new research on socio-legal effect of other existing laws on women. The implication of the legal remedy under Nari O’ Shishu Nirjaton Daman Ain, 2000 can be more effective by improving social attitude.

13.  Bibliography:

Ain O Salish Kendra (ASK), Bangladesh Mahila Parishad and Steps towards Development, 2004; SHADOW report to the fifth periodic report; To the UN   Committee on the Elimination of Discrimination against Women.

Citizens’ Initiatives on CEDAW –Bangladesh (CiC-BD), 2010; combined sixth and   seventh alternative report to the UN committee; Dhaka.

Centre for Policy Dialogue (CPD) 2001; Policy Brief on ‘Inequality between women             and men and women’s empowerment’; Dhaka.

Islam, Kajalie Shehreen (2010); Nowhere to Turn (For many women, the      psychological torment of sexual harassment leaves few avenues of escape)             http://www.thedailystar.net/magazine/2010/01/05/human_rights.htm

Naomi, Sharin Shajahan, 2009; The legal challenges on the way of judicial remedy in           Rape cases: The Role of Human Rights and Legal Services Program of BRAC;             Dhaka. www.brac.net/research

Pereira, Faustina, (2005); Towards Pro-Women Policing in Bangladesh;             (http://www.prp.org.bd/downloads/prowomenpolicing.doc

Siddiqui, Shahana, (2011); Sultana’s Nightmare: Henas and the Feminist Movement;             (http://www.thedailystar.net/forum/2011/march/sultana.htm

The Nari O’ Shishu Nirjaton Daman Ain, 2000

Ud-Din, Muhammad Faiz (2008); A Text Book on Islamic Law; Shams Publications;             p- 381 to 390




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The Role of Human Rights Committee as Implementing Mechanism in Case of Bangladesh

Introduction : Human rights is a concept that has been constantly evolving throughout human history. It was in ancient Greece where the concept of human rights began to take a greater meaning than the prevention of arbitrary persecution. Human rights became synonymous with natural rights. This idea of natural rights continued in ancient Rome, where the Roman Jurist Ulpian believed that natural rights belonged to every person, whether they were a Roman citizen or not. Many United states presidents such as Abraham Lincoln, Johnson, Jimmy Carte have taken strong stands for human rights. In other countries leaders like Nelson Mandela have brought about great changes under the banner of human rights.

The Universal Declaration of Human Rights :

On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was adopted by the 56 members of the United Nations. The UDHR, commonly referred to as the international ‘Mngna Carta’ The influence of the UDHR has been substantial. Its principles have been incorporated into the constitutions of most of the more than 185 nations now in the UN. Although a declaration is not a legally binding document, the universal declaration has achieved the status of customary international law because people regard it as a common standard of achievement for all people and all nation.

The Human Rights Covenants : With the goal of establishing mechanisms for enforcing the UDHR, the UN Commission on Human Rights proceeded to draft two treaties the International Covenant on Civil and Political Rights (ICCPR) and its optional protocol and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The ICCPR focuses on such issues as the right to life, freedom of speech, religion and voting. The ICESCR focuses on such as food, education, health and shelter. Both covenants trumpet the extension of rights to all persons and prohibit discrimination. As of 1197, over 130 nations have rarified these covenants.

Constitutional framework

The Constitution of Bangladesh, which embodies the principles and provisions of the Universal Declaration of Human Rights, is the supreme law of the Republic. It guarantees human rights to all its citizen without any discrimination.

The fundamental rights envisaged in the Constitution of Bangladesh reflect  the human rights prescribed by international human rights law. They include, among others, the right to equality before the law and equal protection of the law; prohibition of discrimination on grounds of race, religion, caste or sex; the right not to be detrimentally affected in respect of life, liberty, body, reputation or property; freedom of movement, of assembly, of association, of thought and conscience, of speech, of profession or occupation, and of religion; prohibition of forced labors; and equal opportunity in public employment.

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