A new assessment has revealed a glaring “equality gap” in Bangladesh’s justice system, highlighting 19 laws that remain discriminatory, one law that needs to be repealed, and four new laws that are urgently required.
The study, titled “Achieving Equality Before the Law in Bangladesh: An Assessment of the Law from a Gender Perspective”, conducted by UN Women and authored by Dr Taslima Yasmin, associate professor of the law department at Dhaka University, warned that without repealing colonial-era relics and introducing a modern protective framework, the country’s promise of justice for women will remain largely symbolic.
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The assessment reviewed 32 laws essential to Bangladesh’s international commitments on gender equality, identifying progress alongside significant gaps.
It examined three critical pillars where structural barriers hinder women’s autonomy: gender-based violence (GBV), labour legislation, and personal law.
This included scrutiny of archaic definitions of rape and domestic violence, deficiencies in maternity protections, and the exclusion of the informal workforce. It also exposed discriminatory practices in citizenship, property, and family laws that continue to restrict women’s decision-making power.
To bridge this gap, the study recommended amending the 19 discriminatory statutes and repealing the 136-year-old Guardians and Wards Act.
It also recommended introducing four new laws, including dedicated legislation on workplace and educational sexual harassment, a comprehensive anti-discrimination law, post-divorce maintenance for Muslim women, and divorce rights for Hindu women.
GBV: OUTDATED LAWS AND GAPS
The study found that Bangladesh’s criminal justice system often fails to prosecute sexual violence, highlighting urgent reform needs in laws on rape, sexual offences, dowry-related violence, and domestic abuse.
Serious flaws were identified in the legal definition of rape under Section 375 of the Penal Code, creating four major barriers for survivors.
The law’s narrow definition of penetration recognises only penile-vaginal intercourse, excluding assaults involving objects or other body parts.
Ambiguity around consent forces courts to rely on outdated stereotypes, often requiring proof of physical resistance rather than the absence of willing agreement. Child brides remain vulnerable, as forcible intercourse with a married girl over 13 is not considered rape, despite the statutory age of consent being 16.
Section 9 of the Women and Children Repression Prevention Act (WCRPA) 2000 exempts husbands from rape charges, leaving child victims without recourse and undermining Bangladesh’s obligations under the Convention on the Rights of the Child.
While the 2022 repeal of Section 155(4) of the Evidence Act was a significant step, the study warns its impact remains limited. Because the repeal applies strictly to the narrow definition of rape in the Penal Code, survivors of other sexual offences can still face character assassination in court.
Furthermore, both the Penal Code and WCRPA assume perpetrators are male and victims female, leaving men and transgender persons, including members of the Hijra community, structurally unrecognised and unprotected as victims of sexual violence.
Other laws on sexual assault and harassment also remain vague. Sections 354 and 509 of the Penal Code criminalise acts that “outrage a woman’s modesty”, but the colonial-era language and intent requirement allow victim-blaming and leave many forms of harassment unaddressed.
High Court guidelines issued in 2009 define sexual harassment and require complaint committees in workplaces and schools, but the lack of legal enforcement leaves survivors with little practical protection.
The study called for amendments to the definition of rape, criminalisation of sexual abuse of child brides, revision of sexual assault and torture provisions, and formal inclusion of sexual harassment in law.
Meanwhile, the Dowry Prohibition Act 2018’s technical language complicates prosecutions, while treating both giver and receiver equally ignores social pressures on brides’ families.
The study recommends simplifying the law and revising penalties.
Domestic violence protections also remain inadequate, particularly for divorced women. The study calls for expanding definitions in the Domestic Violence (Prevention and Protection) Act, introducing criminal sanctions, and criminalising deaths or injuries resulting from abuse.
LABOUR LAWS LEAVE WOMEN VULNERABLE
Bangladesh’s labour laws also reveal serious gaps in protections for women, particularly regarding sexual harassment, maternity leave, and childcare.
Sexual harassment at work remains largely unaddressed. The Labour Act 2006 penalises vaguely defined indecent behaviour with minimal fines or prison terms, and cases are rare due to fear of retaliation and court backlogs.
The 2022 Labour Rules amendments introduced prevention committees and broadened the definition of harassment, but compliance is not mandatory, sanctions are absent, and protections apply only to women, excluding other gender identities.
The study recommends a standalone law covering all workers, aligned with ILO Convention 190.
Maternity protections remain limited to eight weeks before and after childbirth, with no provision for medical complications, falling short of ILO standards recommending 14–18 weeks.
Amendments on miscarriage leave and revised wage calculations may reduce benefits for some workers. Childcare facilities are mandated only in large workplaces, and breastfeeding breaks are not legally required.
More than 85 percent of women work in the unregulated informal sector, including domestic workers, leaving them especially vulnerable.
The study calls for comprehensive workplace harassment laws, extended maternity leave, mandatory breastfeeding facilities, removal of hazardous work restrictions, and inclusion of informal workers, in line with ILO Conventions 183, 189, and 190.
CITIZENSHIP, PROPERTY AND MARRIAGE LAWS
The study also highlighted discrimination embedded in personal laws tied to religion, lineage, and community.
Women cannot pass citizenship to foreign spouses, while men can. Property policies such as the Agricultural Khas Land Settlement Policy discriminate against widowed or divorced women by requiring “working sons” to qualify.
Family laws under Muslim, Hindu, and Christian codes continue to disadvantage women. Hindu marriage law allows child marriage and often disregards consent, while widow remarriage can lead to loss of property.
The study proposes amendments to the Special Marriage Act, post-divorce maintenance for Muslim women, divorce rights for Hindu women, and removal of discriminatory provisions in citizenship and trust laws.
Amending 19 laws and introducing four new ones is more than a legislative checklist; it is a test of political will.
Until the government moves beyond symbolic gestures to concrete legal reform, “equality before the law” will remain a hollow promise for those seeking protection in a system that still prioritises technicalities over justice, the study says.
