VIOLENCE against women (VAW) is marked as misdeed committed against the female members of the family, colleagues at office, and classmates in the educational institution and so on. The prevalent incidents of VAW disregard the values of human rights. The reasons behind VAW amongst others are as follows:
Female, being bride has to face serious problems to acquaint with so many other members and affairs if the bridegroom's family is joint headed by patriarchal leadership. Regrettably, members of husband's family hardly understand these difficulties of bride and it leads to the commission of VAW.
By virtue of unjust behavior derived from Polygamy, women also encounter chaos in family.
Few incidence of VAW occurs due to chaos among youngsters resulting from non-permission of extra-marital or pre-marital relationships.
Maid servants have not been defined as workers or laborers in any law. Due to absence of special law, they are becoming the victims of persistent violence.
Women have been guaranteed for employment preferably under the constitution of Bangladesh. Nevertheless, female employees are being harassed at work place by their colleagues. With the same tuning, female student are being stalked by their class mates in the educational institutions.
Observing the frequency and expansion of VAW, there has been continuous discussion about the enactment of law in this regard. Special law has been enacted for preventing domestic violence. No law has been enacted yet to prevent VAW at workplace. In 2009, HCD has issued few directives (BNWLA Vs Bangladesh, 14 BLC HCD 694) which have been treated as law to ensure security of women at work place in absence of any special law. Now we would see why those laws are not enough and which may be way forward in this regard.
The Nario o Shishu Nirjaton Daman Ain, 2000 has been enacted to protect women and children from private and public offences committed against them whereas it applies to domestic violence relating to dowry. The title of this Act is seriously misnomer in this sense.
The special law for protecting and preventing domestic violence in Bangladesh is the Domestic Violence (Protection and Prevention) Act, 2010. India has enacted this type of law in 2005 and Pakistan enacted in 2012. Measures provided under the Act of 2010 have certain levels of complexities in application. Section 4 of the Act of 2010 allows the victim to inform the police officer what the aggrieved party encounters. Secrecy might break if any information is disclosed to the police officer. Here, an informal measure (i.e. ADR) the authority may be recommended at first instance.
Besides this, Act of 2010 authorises the courts to give order for separate residence, or safe custody. But from pragmatic point of view, victims may feel a sense of alienation which keeps them away from social cohesion. So in order to undertake these measures, proper caution should be taken.
Constitution, special law, and directives of the HCD do not protect women properly. Female have to encounter harassment from domestic arena to work place in different manner. Mere measures would not ensure women safety. We need to create an environment of respecting, loving and evaluating women. Here, religion, social norms, education and behavioral patterns of social and communal relations may play great role. Hence, the aged people, preachers of religion and parents should teach our next generation to develop human conscience towards women, girl, daughter, wife, sister, maid servant, female colleague and class mate, female passer bye and so on.
Mohammad Mamunur Rashid
The writer is a Senior Lecturer of Law, Eastern University
http://www.thedailystar.net/law-and-our-rights/preventing-vaw-beyond-law-68582
