Eliminate gender disparities in laws

The Women’s Affairs Reforms Commission has proposed a series of comprehensive reforms to eliminate all forms of discrimination against women embedded in the country’s laws, constitution, policies, and institutions.

The 10-member commission yesterday submitted a report containing 433 recommendations, grouped under 15 thematic areas and categorised into three groups, to Chief Adviser Professor Muhammad Yunus.

“There are those [recommendations] that can be implemented by the current government, those for the next elected government, and a separate section outlining the hopes,” Shireen Huq, the commission’s chief, said at a press conference at the Foreign Service Academy in the capital.

Among the commission’s most notable proposals are the elimination of all discriminatory and contradictory constitutional provisions and laws, and the adoption of a uniform family code to ensure equal rights in marriage, divorce, inheritance, and maintenance for women across all religions.

The commission also urged the effective implementation and strengthening of the Prevention of Domestic Violence Act-2010, including increasing penalties and ensuring the resolution of divorce cases within three years.

To guarantee equal rights for mothers in matters of guardianship and custody, it called for amendments to the Guardians and Wards Act-1890.

The commission proposed that the government withdraw its reservations to articles 2 and 16.1(g) of the Convention on the Elimination of All Forms of Discrimination Against Women, which ensure legal equality in marriage and divorce. Additionally, it called for the ratification and implementation of the International Labour Organization’s Conventions C189 and C190 on domestic workers’ rights and protection from workplace violence and harassment.

It further recommended a new law against sexual harassment, based on the 2009 High Court guidelines, ensuring clarity, strength, and reforms in rape laws to guarantee justice that is neutral in terms of gender, age, religion, ethnicity, language, and disability, with victim-friendly trials and clear accountability mechanisms.

The commission proposed amendments to the citizenship law, allowing Bangladeshi women to confer citizenship on their foreign spouses; the enactment of laws to protect victims and witnesses; the upholding of the rights of persons with disabilities; and the inclusion of domestic and sex workers under labour laws without criminalising sex work.

It also recommended the establishment of a permanent and independent Women’s Commission to oversee and protect women’s rights nationwide, and the restructuring of the National Women and Child Development Council, alongside amendments to its jurisdiction.

The commission urged the restructuring of the women and children’s affairs ministry, and the integration of equal rights responsibilities into every ministry through Gender Equality Units, with measures for accountability, gender-sensitive planning, and the monitoring and evaluation of the gender budget.

In November 2024, the government formed the 10-member Women’s Affairs Reform Commission with Shireen Parveen Huq, a founding member of Naripokkho, as its chief.

Other members of the commission are Maheen Sultan, senior fellow at the Brac Institute of Governance and Development; Advocate Kamrun Nahar, director of Naripokkho; Fawzia Karim Firoze, senior Supreme Court lawyer and president of the Foundation for Law and Development; Kalpona Akter, president of the Bangladesh Garment and Industrial Workers Federation; Dr Halida Hanum Akhter, women’s health expert; Sumaiya Islam, executive director of Bangladesh Nari Sramik Kendra; Nirupa Dewan, former member of the National Human Rights Commission; Ferdousi Sultana Begum, gender and social development expert and former senior social development adviser at the Asian Development Bank; and Nishita Zaman, a student representative.

Chief Adviser Professor Muhammad Yunus directed the relevant ministries and divisions to promptly implement the commission’s recommendations.

He gave the directive after receiving the report at the State Guest House Jamuna yesterday.

“Let the recommendations that can be implemented quickly be carried out through us. Let us, through this work, set an example for other countries around the world. The women of the world are watching this. They will review it. They will be inspired…

“This is not just a women’s issue; it’s a matter of national importance. The report will be printed and distributed. It will be published as a book, like a textbook. It cannot just be shelved as a document; it must be made accessible to people.”

POLITICAL REPRESENTATION

The commission proposed transformative steps to boost women’s representation in politics, such as introducing 300 seats for women in the national parliament with direct elections, thereby doubling the current total number of seats to 600.

Shireen Huq acknowledged the scepticism surrounding the proposal. “Although it may seem unrealistic to many, as there is currently no space for 600 people in the parliament chamber considering the country’s population, [but] increasing women’s representation is crucial.”

The commission’s report stated, “If an upper house of parliament is established, 50 percent of the seats should be filled using a ‘zipper system’ — alternating male and female nominees on party lists to ensure gender parity. The remaining half should be filled with non-partisan representatives, including those from women’s movements.”

To ensure women’s participation within parties, the commission recommended promoting democratic practices and creating an enabling environment, and formulating regulations to remove social and corruption-related barriers to women’s political engagement.

It also strongly suggested that compliance with the provision of 33 percent women’s participation in the Representation of the People Order be made mandatory.

At the local government level, each ward should have one general seat and one women’s seat for the next three elections as a temporary special measure.

It further recommended establishing a system to ensure that female MPs are accountable to the wider community of women.

LABOUR AND EMPLOYMENT

The commission recommended ensuring 24 weeks (six months) of fully paid maternity leave and two weeks of paid paternity leave across all sectors.

It also proposed amending the labour law to replace the term “maternity welfare” with “maternity rights”, prohibit dismissal during pregnancy and maternity leave, and include all necessary related benefits.

The commission called for the formal recognition of domestic and sex workers as labourers under existing labour laws, along with the recognition of women’s work in the informal economy.

To protect female migrant workers and support returnees, the commission urged amendments to existing migration laws, policies, and regulations.

It stressed the need for bilateral agreements and memoranda of understanding with destination countries to ensure safety, dignity, and effective monitoring, including quarterly and annual reporting.

It also recommended finalising and implementing a reintegration policy to facilitate returnee women’s access to training, employment, and financial support.

For the next elected government, the commission proposed setting an equal minimum wage for male and female workers across all sectors to eliminate pay disparities. It called for annual revisions of the wage based on global standards and the introduction of policies to ensure a living wage.

OTHER RECOMMENDATIONS

To address gender-based violence in public transport, the commission suggested incorporating specific provisions into relevant laws and ensuring their enforcement to guarantee safety and protection against violence and sexual harassment.

Emphasising the need for decentralisation and local-level development, Shireen Huq said, “We believe that only through decentralisation can the voices of grassroots women reach the national level. Those at the centre — be they policymakers, politicians, or others — will then be able to hear and respond to their pleas and demands.”

Other notable recommendations include ensuring access to modern, life-oriented education for girls that aligns with the labour market, the inclusion of comprehensive sex education, and efforts to reintegrate school dropouts and victims of child marriage into the education system.

Additionally, the commission recommends setting 18 as the minimum legal age of marriage for girls to prevent adolescent and high-risk pregnancies, and implementing the 2023 High Court directive to control unnecessary Caesarean sections.

It also calls for the revision of the 2013 National Policy on Older Persons to prioritise the health needs of elderly women, with effective monitoring and accountability mechanisms.

Furthermore, a nationwide system should be established to track maternal and neonatal deaths, identify causes, and address service gaps through corrective action.

The commission also urged the introduction of appropriate education for children with special needs and their inclusion in mainstream education.