A/55/280/Add.2
were regarded as often discriminatory with regard to
Muslim women and women of other faiths.
79. With regard to Muslim women, it was noted that
the 1961 Muslim Family Ordinance was favourable to
women, especially in the areas of marriage and
inheritance. With respect to divorce, it was explained
that reform had made it possible, through the Muslim
Marriages and Divorces (Registration) Act of 1974, to
guarantee certain rights to Muslim women (3-months’
advance notice and the right to appeal to the courts;
mandatory registration of divorce; pension; etc.).
However, it was stressed that these advances were
being undermined, notably by the practice of
repudiation, and especially in rural areas, because
many marriages were not registered.
80. The status of women seems to be especially
problematical with regard to the Hindu minority.
Mention was made of religious personal laws
governing the Hindu community, sources of
discrimination in the area of inheritance, divorce, and
childcare.
According
to
non-governmental
representatives, these laws do not recognize any right
of inheritance for women with respect to parental
property. This discrimination does in fact encourage
the practice of the dowry, and hence the related
violations mentioned above. Furthermore, according to
non-governmental experts, these religious personal
laws make no provision for the registration of Hindu
marriages and deny women any right to divorce.
According to these same interviewees, since 1956 —
despite protests from women’s organizations —,
governments have refused to amend religious personal
laws in favour of the rights of Hindu women, despite
the fact that the same reform has been introduced for
Muslims. Unfortunately, the Special Rapporteur was
not able to gather information about the status of
women from other minorities, within the framework of
their religious personal laws.
81. The experts also described acts of discrimination
against women in the area of religious practice. It was
noted that whereas most mosques in urban areas were
forbidden to women (there were a few rare places of
worship where special facilities had been provided,
allowing women access to mosques), in rural areas,
virtually all Muslim places of worship were reserved
exclusively for men. Reference should also be made to
the statements made by Muslim religious officials in
Dhaka and Rangamati (see sect. IV.A).
20
82. These acts of discrimination against women in
Bangladesh, whatever their religious affiliation, were
attributed by the various non-governmental sources to
traditions (especially religious traditions or those
ascribed to religion) as well as to the preservation of a
patriarchal system. In this respect, the fact that some
women held key positions in Bangladesh was not
considered to reflect the overall situation in the
country. According to non-governmental sources,
women’s access to these “positions of power” was in
fact limited, and dependent upon membership of
powerful families.
83. In addition to this symbolic violence of
discrimination, experts described physical violence
against women, noting that the two forms of violence
were often linked. They denounced not only violence
associated with the practice of the dowry, but also
violence related to fatwas. These fatwas, declared in
the name of the Muslim religion, are especially
common in rural areas. They are declared against
women who are accused — almost always wrongly —
of having sexual relations outside marriage, and other
behaviour subject to social and religious prohibition. In
fact, however, these fatwas are declared by people who
are not qualified to do so — namely, by Shalish
Councils, members of the local clergy having a
superficial or flawed religious education, local
officials, extremists, or individuals enjoying the tacit
support of extremist parties. Experts said that the
fatwas declared by these officials were in fact designed
to stifle any efforts to emancipate women. For
example, women’s access to work was thought to
undermine roles regarded as the exclusive preserve of
women and restricted to the private sphere of the
family, enabling women to participate actively in
public life. Such developments were regarded —
especially in rural areas — as a threat to the patriarchal
structure of society, and therefore to men’s
monopolization of power. This was the reason why the
fatwas were accompanied by attacks carried out by
extremists
against
certain
Bangladeshi
nongovernmental organizations, which were very active in
promoting women’s rights. According to information
provided by non-governmental sources, 43 fatwas were
declared against women in 1993, and 26 in 1999. The
most famous case was, of course, that of Taslima
Nasreen, who was forced to flee Bangladesh after
receiving death threats from extremists. However, one
might also mention the case of 17-year-old Noorjahan,
who on 10 January 1993, at Moulvibazar, was a victim