Since I haven't been able to write much recently, I'm posting a piece I was asked to write for BRAC this summer during my internship. I'm pretty sure they didn't publish it, so I'm posting it so that at least it gets some action. Hopefully I'll be getting my act back together soon!
(On a side note, I am delighted to be back in the States, specifically Austin, TX.)
Bangladesh came under immense scrutiny this past January when the brutal and unjust death of 14 year old Hena Akhter caught the attention of the international community. Akhter, whose sexual assault by her 40 year old cousin was considered an affair, was issued 100 lashes as punishment for her “crime” through an Islamic Shariah law practice called fatwa. Akhter became unconscious after 80 lashes and later died in a hospital just 35 kilometers outside of the capital city, Dhaka.
Her death was not an isolated incident. That same month a 16 year old rape victim was flogged to death after her sexual assault was discovered. Again in December 2010, Sufia Begum died from injuries sustained during the 40 lashes she was issued for an alleged affair. These deaths unleashed many unanswered questions about extrajudicial punishment issued in the name of fatwa and violence against women in Bangladesh. Despite the July 2010 reaffirmation of a 2001 ruling by the Supreme Court outlawing the practice of such extrajudicial punishments, the Bangladesh government is still in the spotlight for not doing enough to protect its women.
Fatwa, an Islamic religious declaration which means ‘a formal legal opinion’, impacts a disproportionate number of women as a repercussion for alleged infidelity or not adhering to traditional gender norms. In cultural practice, punishments can take many forms; whipping, lashing, imposing fines, cutting of the woman's hair or blackening her face all in an effort to ostracize and humiliate the woman and her family. The type of punishment is arbitrarily decided, carried out by community members and has no legal bearing. Many of these crimes are often not reported but according to human rights organizations, approximately 500 women were flogged in Bangladesh in the past decade. It is clear that women in this country are not receiving the justice they deserve if these unchecked violations of women’s human rights continue to terrorize them.
Although the ruling by the Supreme Court appeared promising, women’s rights activists in Bangladesh remain skeptical. According to Human Rights Watch, Ain-o-Salish Kendra (ASK) has found 16 other instances of extrajudicial punishment from January to May 2011 and has additionally reported on the suicides of several women from different parts of Bangladesh in response to the punishments issued against them in the name of fatwa. No legal action for these deaths took place and it overtly evident that the Supreme Court ruling is falling short of changing cultural practice. In a recent interview, Faustina Pereira, director of BRAC Human Rights and Legal Aid Services, vented her frustrations, "the government has pledged to uphold our laws and constitution, and part of that promise is to prevent, prosecute, and punish these criminal extrajudicial punishments” she said, “there is no excuse for not acting." The current situation is dire and in need of swift change.
Together with Human Rights Watch, ASK, Bangladesh Legal Aid and Services Trust (BLAST), Bangladesh Mahila Parishad (BMP), and Nijera Kori, BRAC has compiled a list of actions for the Bangladesh government to follow in order to facilitate the execution of the Supreme Court’s ruling. The list includes implementing awareness campaigns, establishing 24 hour helplines, improving access to safe shelters, providing psychological support and legal services, and finally monitoring investigations and prosecutions to ensure perpetrators of extrajudicial punishments are being held accountable.
With with 2015 deadline for meeting Millennium Development Goals rapidly approaching, the Bangladesh government needs to act now against this form of gender based violence if it wants to meet its gender equality benchmark. The 2011-2012 Progress of the World’s Women report produced by UN Women speaks to the efficacy of “well-functioning legal and justice systems” as “vital mechanisms” through which women can access their rights. Organizations such as BRAC continue to support the development of such capacity building mechanisms but it is not up to them alone; the government needs to play an integral role in the process. While Bangladesh has successfully created legal jargon banning extrajudicial punishments in the name of fatwa, such forms of violence against women in the country will continue to take place unless the practice of these rulings is implemented into civil society.
(On a side note, I am delighted to be back in the States, specifically Austin, TX.)
Bangladesh came under immense scrutiny this past January when the brutal and unjust death of 14 year old Hena Akhter caught the attention of the international community. Akhter, whose sexual assault by her 40 year old cousin was considered an affair, was issued 100 lashes as punishment for her “crime” through an Islamic Shariah law practice called fatwa. Akhter became unconscious after 80 lashes and later died in a hospital just 35 kilometers outside of the capital city, Dhaka.
Her death was not an isolated incident. That same month a 16 year old rape victim was flogged to death after her sexual assault was discovered. Again in December 2010, Sufia Begum died from injuries sustained during the 40 lashes she was issued for an alleged affair. These deaths unleashed many unanswered questions about extrajudicial punishment issued in the name of fatwa and violence against women in Bangladesh. Despite the July 2010 reaffirmation of a 2001 ruling by the Supreme Court outlawing the practice of such extrajudicial punishments, the Bangladesh government is still in the spotlight for not doing enough to protect its women.
Fatwa, an Islamic religious declaration which means ‘a formal legal opinion’, impacts a disproportionate number of women as a repercussion for alleged infidelity or not adhering to traditional gender norms. In cultural practice, punishments can take many forms; whipping, lashing, imposing fines, cutting of the woman's hair or blackening her face all in an effort to ostracize and humiliate the woman and her family. The type of punishment is arbitrarily decided, carried out by community members and has no legal bearing. Many of these crimes are often not reported but according to human rights organizations, approximately 500 women were flogged in Bangladesh in the past decade. It is clear that women in this country are not receiving the justice they deserve if these unchecked violations of women’s human rights continue to terrorize them.
Although the ruling by the Supreme Court appeared promising, women’s rights activists in Bangladesh remain skeptical. According to Human Rights Watch, Ain-o-Salish Kendra (ASK) has found 16 other instances of extrajudicial punishment from January to May 2011 and has additionally reported on the suicides of several women from different parts of Bangladesh in response to the punishments issued against them in the name of fatwa. No legal action for these deaths took place and it overtly evident that the Supreme Court ruling is falling short of changing cultural practice. In a recent interview, Faustina Pereira, director of BRAC Human Rights and Legal Aid Services, vented her frustrations, "the government has pledged to uphold our laws and constitution, and part of that promise is to prevent, prosecute, and punish these criminal extrajudicial punishments” she said, “there is no excuse for not acting." The current situation is dire and in need of swift change.
Together with Human Rights Watch, ASK, Bangladesh Legal Aid and Services Trust (BLAST), Bangladesh Mahila Parishad (BMP), and Nijera Kori, BRAC has compiled a list of actions for the Bangladesh government to follow in order to facilitate the execution of the Supreme Court’s ruling. The list includes implementing awareness campaigns, establishing 24 hour helplines, improving access to safe shelters, providing psychological support and legal services, and finally monitoring investigations and prosecutions to ensure perpetrators of extrajudicial punishments are being held accountable.
With with 2015 deadline for meeting Millennium Development Goals rapidly approaching, the Bangladesh government needs to act now against this form of gender based violence if it wants to meet its gender equality benchmark. The 2011-2012 Progress of the World’s Women report produced by UN Women speaks to the efficacy of “well-functioning legal and justice systems” as “vital mechanisms” through which women can access their rights. Organizations such as BRAC continue to support the development of such capacity building mechanisms but it is not up to them alone; the government needs to play an integral role in the process. While Bangladesh has successfully created legal jargon banning extrajudicial punishments in the name of fatwa, such forms of violence against women in the country will continue to take place unless the practice of these rulings is implemented into civil society.
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