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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