Beautiful eyes open across a pillow top,
It seems for this moment time will stop,
The earth slows and sounds wane,
A frozen moment without stain........
Some say perfection is unattainable
For most things that's explainable,
But in your arms and with your heart's affection
I have found a brief moment of perfection
(to be continued)
Wednesday, September 10, 2008
Thursday, March 20, 2008
Security of Garments Workers
Bangladesh, a member state of ILO, framed the labour laws and policies to protect the interests of the workers and to develop economic growth and industrialization. The newly enacted Bangladesh Labor Code 2006 has brought major overhauling changes in the field of labour legislation. These laws provide stringent policy of safety and proper security measures to the workers. But the reality shows that these laws were not adequately implemented to protect the democratic and human rights of the laborers. Again due to the lack of the implementation of the existing laws and rules, accidents in garments factories and possibilities of disaster continue to occur. The employers are in the trend of evading workplace safety laws and maximizing gains while the toiling workers continue to be deprived of their basic human rights.
The one of the recent examples of infringing the rule is the collapse of Spectrum Sweater Garments. The owner of this garments constructed the nine stored building violating not only the Building Construction Act 1952 but also the Savar Cantonment Act 1924. The rescuers found 64 dead bodies and nearly 85 were injured.
The one of the recent examples of infringing the rule is the collapse of Spectrum Sweater Garments. The owner of this garments constructed the nine stored building violating not only the Building Construction Act 1952 but also the Savar Cantonment Act 1924. The rescuers found 64 dead bodies and nearly 85 were injured.
Section 19 of the code points out that if a worker who has completed more than three years of continuous service in an establishments, dies, his nominated person or his dependant in the absence of any nominated person shall be paid by the employer compensation at the rate of 30days’ wage for every completed year or service or for any part thereof in excess of 6months, or gratuity, if any whichever is higher and this amount shall be in addition to benefits which the deceased worker would have had if he had retired from his job.
After such kinds of accidents the heirs of the deceased workers are not properly compensated generally. The Fatal Accident Act, 1885 provides for compensation to families for death of family members caused by lack of safety in the workplace. The Workmen’s Compensation Act, 1923(repealed) states briefly how and to what level workers can apply for benefits. On the other hand, the new code determines in Schedule V that the compensation must be payable in case of death (whatever may be the amount of wages of the worker) 100000taka and in case of permanent or total disablement 125000taka. From the newspaper we get a brief picture: In 1991,144 workers died and 620 were injured in accidents at workplaces. In 2001, 196 workers died and 508 were injured. In 2002, 168 workers died and 389 were injured. Though a worker is entitled to be paid the compensation, in most of the cases the garments owners flatly refused to compensate. The law relating to the compensation to the workers need to be properly implemented for securing payment of adequate monetary compensation and arranging the rehabilitation in favor of the victims. And in the event of delay in paying out compensation by the employer, an interest rate on the amount of compensation due for payment under the existing bank rate should accrue and the law should incorporate such provision.
Moreover fire accident and ignition are taking place because of the illegal establishment and management of the factories. The workers have no security of life and they are engulfed in danger in every second. The tragic fire incident in KTS garments in Chittagong took the lives of 85 garments workers. Like other cases the owner authority was failed to discharge their responsibility to protect the labour safety breaching the section 62 of the Bangladesh Labor Code 2006. When the fire started engulfing the building, the workers failed to get out as the two main collapsible gates remained locked.
The accidents in the garments factories have been taking thousands of lives every year, but it is really unfortunate that the owner authority always remain inactive to provide worker’s welfare and security which they demand. They should be penalized under section 299 of Bangladesh Penal Code guilty of committing culpable homicide.
We cannot avoid bearing in mind that the workers of garments factories have an important contribution to our economy. We should formulate a legal environment to secure the welfare and safety for the garments workers also in compliance with Article 15 of the People’s Republic of Bangladesh. And to make it possible the following recommendations should be adopted for prevention of any such occurrence:
The accidents in the garments factories have been taking thousands of lives every year, but it is really unfortunate that the owner authority always remain inactive to provide worker’s welfare and security which they demand. They should be penalized under section 299 of Bangladesh Penal Code guilty of committing culpable homicide.
We cannot avoid bearing in mind that the workers of garments factories have an important contribution to our economy. We should formulate a legal environment to secure the welfare and safety for the garments workers also in compliance with Article 15 of the People’s Republic of Bangladesh. And to make it possible the following recommendations should be adopted for prevention of any such occurrence:
· To establish a National committee to monitor compliance by garments factories with the applicable laws on fire safety.
· To secure payment of adequate compensation to the workers who have been injured in the said fire and to the dependents of deceased workers.
· To ensure appropriate measures in particular safety precautions and to enforce legal provisions for the rehabilitation of victims.
· To implement the statutory laws prosecuting the owner authority and other government officials such as the Chief Inspector, the Architect who are failed to comply with their duties regarding building collapse.
· To identify and to supervise the status of the security of the garments by RAJUK and BGMEA in every year.
· To conduct some public inquires by the NGOs or the Civil Society for workers about occupational risks and hazards.
Monday, March 3, 2008
Child Labour:Time to ponder

In our country, most of the poor children have to work for their and their families survival. But this child labour is considered as illegal and inhumane in the eye of law as the children have the right to lead a betterprotected life.
The international Labour Organisation (ILO) is one of the agencies affiliated to the United Nations was established in 1919. From the beginning ILO has been working for combating child labour with priority focus on its worst forms. International World Day Against Child Labour has been observed in Bangladesh and ILO took remarkable efforts in addressing the challenges of child labour by attaching due importance.
The international Labour Organisation (ILO) is one of the agencies affiliated to the United Nations was established in 1919. From the beginning ILO has been working for combating child labour with priority focus on its worst forms. International World Day Against Child Labour has been observed in Bangladesh and ILO took remarkable efforts in addressing the challenges of child labour by attaching due importance.
The ILO estimates that, around the world some 250 million children between the ages of 5 and 14 works for a living. Almost half, some 120 million, work full times everyday, all year round. As many as 70 percent toil in dangerous environments of the 250 million children concerned, some 50-60 million are between five and eleven years old and work in hazardous conditions vis-a-vis their age and vulnerability.
The elimination of child labour is a longstanding major objective of the ILO.:
In 1919, the ILO adopted its comprehensive minimum age Convention (No. 138) that requires states to design and apply national politics to ensure the effective abolition of all forms of child labour and to set the minimum ages for employment. In 1992, the ILO launched the International Programme on Elimination of Child Labour (IPEC) to continue the struggle against child labour through practical projects in the field. In 1998, All ILO Member states pledged to uphold and promote the principles as freedom of association, abolition of forced labour and elimination of child labour. In 1999, ILO adopted the Worst Form of Child Labour Convention (No. 182) to eradicate those forms of child labour that are hazardous and damaging to children's physical, mental or moral well being. In 2002, the ILO establishe 12 June as World Day Against Child Labour. And finally in 2004, the first global economic study on the costs and benefits of eliminating child labour say the benefits will be an estimated US$ 5.1 trillion.
What are the worst forms of Child Labour?:
The worst forms of child labour comprise: - All forms of slavery or practices similar of slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict. - The use, procurement or offering of a child for prostitution, production of pornography or pornographic performances.- The use procurement or offering of a child for illicit activities, in particular for the production and trafficking of drugs.- Work, which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.
Which types of work are harmful?Each country, after consulting with employers and workers organizations and other interested parties, must decide which type of work are harmful and need to be targeted as a matter of urgency.
Which types of work are harmful?Each country, after consulting with employers and workers organizations and other interested parties, must decide which type of work are harmful and need to be targeted as a matter of urgency.
This means paying special attentions to:- Work, which exposes children to physical, psychological or sexual abuse.- Work underground, underwater, at dangerous heights or in confined space.- Work with dangerous machinery, equipment and tools, or which involves the manual handling or transports of heavy loads.- Work in an unhealthy environment, which may, for example, expose children to hazardous substances, agents or processes, or vibrations damaging to their health.- Work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer.
Recommendations:
In ILO practice, Recommendations provide guidelines for the eradication of the worst forms of child labour. The ILO convention proposes:- Specific ways in which the general provision of the Convention can be translated into national law and practice.- Action programmes that should take into consideration the views of the children directly concerned, of their families and of NGO's committed to the elimination of child labour. Society as a whole should be mobilised through public information campaigns.- The certain worst forms of child labour should be made criminal offences punishable under national laws.- A comprehensive list of measures, which can help all concerned to abolish the worst, forms of child labour, for instance, training, policy development and monitoring.
What are the roles of employers' and workers' organisation?:
One of the advantages of the ILO's tripartite structure is that it reaches beyond governments to key actors in the economic process. Government should consult them in order to: - Determine and identify the types of work considered to be harmful to a child's health, safety and morals.- Update these lists of harmful work.- Establish monitoring mechanisms.- Design and carry out action programmes.
Child labour situation in Bangladesh:
The key findings of the National Child Labour Survey (NCLS) 2003 conducted by Bangladesh Bureau of Statistics (BBS) are described below:- The total population of 5-17 years is found to be 42.4 million, which is 32 percent of the total population of Bangladesh. Of this 54 percent are boys and 46 percent are girls. The proportion is the same in both urban and rural areas.- Around 75 percent of the children are attending school full time. Part time attendance is as low as 3 percent for both sexes. By gender, 25 percent of boys do not attend school, compared to 17 percent of girls.- The number of economically active children (working children) aged 5-17 years is found to be 7.4 million. The majority of them are boys (74%) and most of them (59%) are engaged in agriculture. The majority (59%) of working children are from the age group of 10-14 years.- Contribution to family income has been identified as the most important reason for children to work, which is true for both rural and urban areas. 69 percent of children fall in this category.- Of the 7.42 million working children, 3.18 million comprising of 77 percent boys and 23% girls are categorised as child labourers.- Only about 33 percent of the working children are found to be in school.- 1.3 million children are estimated to be working long hours, as high as 43 hours or more per week, which is hazardous work.
Bangladesh started implementation of the ILO's International Programme on the Elimination of Child Labour (IPEC) in 1995. Again the government ratified ILO convention, 1995 (No 182) on Worst Form of Child Labour in 2001, which calls for immediate and priority action against the worst forms of child labour. The ongoing projects of ILO cover more than 60,000 children in hazardous condition in Bangladesh.
Finally, individuals, communities and religious bodies can create awareness and be advocates. They can:-
Distribute and discuss the brochure.-
Form coalitions to promote the Conventions.-
Make their voices be heard through the media.-
Lobby parliamentarians.- Support a family.
Friday, February 15, 2008
Confession in police remand

Remand and confession are most important phenomena in our police activities. In most of the cases this power of police has been questioned as persons apprehended on suspicion that they have committed crime or may indulge themselves in future in the commission of crime are being tortured by police in remand. However, police may arrest anybody without warrant on the basis of reasonable suspicion of committing an offence under section 54 of the Code of Criminal Procedure. Such person must be produced before the Magistrate within 24 hours from the arrest. In the police custody, the person is treated with brutality which is completely contrary to article 31 of our constitution. It provides that every person has the right to enjoy the protection of law and to be treated in accordance with law, and this is the inalienable right of every citizen, wherever he may be and of every other person in Bangladesh for the time being …
According to the annual report of Odhikar, 238 people were killed at the hand of law enforcers in 2004. Now-a-days, custodial violence is very common in Bangladesh.
Section 167(2) of Cr.P.C. prescribes that detention can be ordered in such custody for a term not exceeding 15 days. So the Magistrate has unrestricted power to make such order. Again the code itself mentions that the Session Judge can allow remand if it appears likely that further evidence may be obtained by a remand.
Theoretically, the police custody is believed to be a safe area. But the real picture of our country indicates the persons in custody of police were compelled to embrace physical torture.
Section 24 of the Evidence Act states that a confession made by any accused is irrelevant in criminal proceedings if it appears to the court as has been caused by an inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. Thus, the Evidence Act does not permit the use of any inducement, influence, and force in making a person confess. Apart from the Act, Cr.P.C. has provided a stringent impediment against involuntary confession. The Magistrate recording statement or confession under section 164 in course of investigation before the commencement of inquiry and trial will ensure that no person accused shall be subjected to torture or cruel or inhuman treatment. The confession by the accused must be made voluntarily and willingly. Such confession must not be made whilst he is in the custody of police officer unless it is made in the immediate presence of a Magistrate. But if there is a great doubt on the voluntary character of the confession, the confession is clearly unable to be admissible in evidence.
Section 24 of the Evidence Act states that a confession made by any accused is irrelevant in criminal proceedings if it appears to the court as has been caused by an inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. Thus, the Evidence Act does not permit the use of any inducement, influence, and force in making a person confess. Apart from the Act, Cr.P.C. has provided a stringent impediment against involuntary confession. The Magistrate recording statement or confession under section 164 in course of investigation before the commencement of inquiry and trial will ensure that no person accused shall be subjected to torture or cruel or inhuman treatment. The confession by the accused must be made voluntarily and willingly. Such confession must not be made whilst he is in the custody of police officer unless it is made in the immediate presence of a Magistrate. But if there is a great doubt on the voluntary character of the confession, the confession is clearly unable to be admissible in evidence.
Abuse of power under section 54 and 167 by the police and Magistrate has been elaborately discussed by the High Court Division in BLAST vs Bangladesh 55DLR 363. In this case the Court has given 15 directives to the government and suggested that interrogation may be made while the accused is in jail custody, if interrogation is at all necessary, but not in police custody and no torture or inhuman treatment is allowed during this period.
In a democratic state, the confession in police remand is placed within the purview of sense of humanity. So the laws in Bangladesh should be reformed in compliance with the need of time for securing the investigation in the police remand. However the following initiatives would be adopted:
In a democratic state, the confession in police remand is placed within the purview of sense of humanity. So the laws in Bangladesh should be reformed in compliance with the need of time for securing the investigation in the police remand. However the following initiatives would be adopted:
The person arrested will be made aware of the right to have someone informed of his arrest as soon as he is put under arrest or detention.
The person arrested should at his request be medically examined by a trained doctor.
The person arrested may be permitted to meet his lawyer during interrogation though not throughout the interrogation.
The person arrested should at his request be medically examined by a trained doctor.
The person arrested may be permitted to meet his lawyer during interrogation though not throughout the interrogation.
The human rights organisations should arrange more discussion, workshops, seminars to focus the issue in a meaningful way for the purpose of creating awareness among grassroots level people.
Finally, stopping illegal arrest and inhuman treatment in the police remand was a matter of time only if the government wished. However the government has a legal obligation and wide scope to implement such directives given by HCD. More than three years have passed since the judgment was pronounced by the High Court, but the government implemented none of the directives given in the judgment. So it is mandatory for the government to secure justice for an arrested person aiming at restoring and maintaining a safe police custody curbing illegality and inhumanity.
Sunday, February 10, 2008
Personal rights of women in Hindu laws

Hinduism is considered as one of the most ancient religions in the world and that is why it is also called “Sanatan Dhormo”. Like all other religions it embraces all segments of human life including the rights, duties, liabilities of a woman. Though it is hard to find in particular the position of women in the ancient Hindu social system but it is clear from the old writings that with the end of the matriarchal system and introduction of patriarchy, women have become dependent on their male counterparts to a large extent. Since then Hindu women have been deprived of the right to property of their father and/or husband for survival. They remain dependent on parents during their childhood, on husband in youth and on children in old age. Therefore, for the betterment of the condition of Hindu women it is felt that Hindu family laws need to be reformed. Initiatives to such reforms always face opposition from a segment of Hindu community who are rigid in upholding “Sanatan Ain” (traditional customary law) because they are convinced that the laws originating in supposedly divine source cannot undergo a change. But it is noteworthy that our neighboring country India, where the Hindu law actually originated, has already introduced a lot of modifications and alterations in the family law system in order to make it compatible with the changing society.
Situation in BangladeshHindu community is the second largest religious community in Bangladesh. According to 1991 census 11.5 per cent of the population of our country belong to the Hindu Community. Their social and family affairs all are very intensely controlled and influenced by their religious doctrine. In Bangladesh, Dayabhaga school is followed in Hindu Family Law.
Unfortunately the religious element in Hindu Family Law has been greatly exaggerated in our country. Very little has been done towards reformation of Hindu personal law as it is same to Muslim Personal Law in India. Therefore, Hindu women have no right in Bangladesh. They are deprived of their parent's\husband's property as well as right to divorce and right to adoption etc. The government has not yet considered amending the personal laws though it ensured equality of the citizens in the eye of the law by the constitution. The reason behind perhaps is that thinking any self-initiatives of amendment may give rise to communal tension in the country.
Comparative review Inheritance: According to Bangladesh Law Hindu women only get a limited share. They inherit life interest in the property. There are five female Sapindas according to the Dayabagha law, namely the widow, the daughter, the mother, the father's mother and the mother of father's father. No other female relation is recognised as heir by the said school. Moreover a daughter cannot receive any property, even she cannot get life interest in the presence of son, grand son and great grand son. Although in neighbouring India laws in this regard have been updated since independence in 1947, in Bangladesh the pre-1947 laws are still prevailing. In India laws have been framed and amended that have established women's rights on the property of father and husband.
A wife's right to her husband's property is elaborately mentioned in Article 8 of Indian Succession Act. It is stated that if a Hindu man fails to distribute his property through a deed or testament, the inheritance will be determined based on Article 8 of the Hindu Inheritance Law and according to the list described in that law. In this way, a Hindu widow can demand the property of her husband under this law. Article 25 of Hindu Marriage Law states that a Hindu divorcee woman will receive subsistence allowance from her former husband. It is also stated that if the divorcee woman does not marry again, does not engage herself in adultery, and does not earn enough, she is entitled to receive subsistence allowance for the rest of her life from her former husband. Woman's limited estate has been abolished and whatever property has been or shall be inherited by a Hindu female will be or shall be her absolute property.
Marriage: According to Hindu social customs, Hindu marriages are solemnised through religious rituals. There is no marriage registration system for Hindus in Bangladesh. There is also no Hindu marriage law or Hindu marriage registrar in the country. So, if any Hindu woman suffers in the hands of her in-laws, she does not get legal help.
Marriage: According to Hindu social customs, Hindu marriages are solemnised through religious rituals. There is no marriage registration system for Hindus in Bangladesh. There is also no Hindu marriage law or Hindu marriage registrar in the country. So, if any Hindu woman suffers in the hands of her in-laws, she does not get legal help.
As per a 1946 law, Hindu women can file cases with courts to only regain the rights to conjugal life. Besides, the Hindu women can file cases under Family Court Ordinance 1985, Dowry Act 1980 and Women and Children Repression Act 2003. But these laws are too inadequate to protect the Hindu women's rights. But the situation is very different in neighboring India. There are laws in that country to protect the rights of Hindu women such as Widow Marriage Act 1856, Racial Inability Remission Act 1850, Child Marriage Prevention Act 1929 (Amended 1938), Earned Property Affairs Act 1930, Inheritance Act 1925 and Hindu Women's Rights to Lands Act 1937. Besides, new laws have been made in India after independence in 1947. These include Hindu Marriage Act 1955, Immature Children's Property Act 1956, Hindu Adoption and Maintenance Act 1956, Hindu Inheritance Act 1956 and Special Marriage Act 1960. It would be pertinent to mention the remarkable changes in ancient Hindu Law in India through the Hindu Marriage Act-1955:
1. Inter marriage between persons of different castes is not prohibited.2. Monogamy which is essentially the voluntary union for life of one man with one woman to the exclusion of all others is now enforced by legislation.3.Bigamy has been made punishable as an offence.4.The conditions and requirements of a valid marriage have been considerably simplified.5. Several matrimonial reliefs e.g., restitution of conjugal rights, judicial separation, nullity of marriage and divorce have been provided in this Act.
It is a matter of great regret that the Hindu women of our country fail to avail this kind of opportunity due to the lack of proper legislation.
Divorce: The concept of divorce is not recognised under the orthodox Hindu Law. Manu believed that the duty of a wife continues even after death. She can never have a second husband. The reason is that a marriage from the Hindu point of view creates an indissoluble tie between husband and wife. Unless divorce is allowed by the custom neither party to a marriage can divorce the other party. However, through the passing of Hindu Marriage Act 1955 in India some revolutionary changes have been introduced regarding marriage and divorce. After the passing of the Act the idea of marriage as an indissoluble union has been abolished and it is almost converted to a civil contract just like Muslim Law. The option of Divorce is the most significant part of this Act. Section 13(1) declares the right of divorce to both the parties. The grounds are as follows:
1. Inter marriage between persons of different castes is not prohibited.2. Monogamy which is essentially the voluntary union for life of one man with one woman to the exclusion of all others is now enforced by legislation.3.Bigamy has been made punishable as an offence.4.The conditions and requirements of a valid marriage have been considerably simplified.5. Several matrimonial reliefs e.g., restitution of conjugal rights, judicial separation, nullity of marriage and divorce have been provided in this Act.
It is a matter of great regret that the Hindu women of our country fail to avail this kind of opportunity due to the lack of proper legislation.
Divorce: The concept of divorce is not recognised under the orthodox Hindu Law. Manu believed that the duty of a wife continues even after death. She can never have a second husband. The reason is that a marriage from the Hindu point of view creates an indissoluble tie between husband and wife. Unless divorce is allowed by the custom neither party to a marriage can divorce the other party. However, through the passing of Hindu Marriage Act 1955 in India some revolutionary changes have been introduced regarding marriage and divorce. After the passing of the Act the idea of marriage as an indissoluble union has been abolished and it is almost converted to a civil contract just like Muslim Law. The option of Divorce is the most significant part of this Act. Section 13(1) declares the right of divorce to both the parties. The grounds are as follows:
Adultery; treated the other party with cruelty; deserted the other party for a continuous period of not less two years immediately preceding the presentation of the petitioner; conversion to other religion; if one party becomes incurably of unsound mind or has been suffering continuously or intermittently from medical disorder of such a kind and extent that other party cannot reasonably be expected to live with the respondent.
Four grounds are available only to wife: Bigamy; Rape, sodomy; Non payment of maintenance decreed to the wife; Wife was under 15 when she was married and has repudiated the marriage before she is 18.
Four grounds are available only to wife: Bigamy; Rape, sodomy; Non payment of maintenance decreed to the wife; Wife was under 15 when she was married and has repudiated the marriage before she is 18.
Unfortunately in Bangladesh any legislative enactment is yet to be introduced allowing a Hindu to divorce his/her spouse. Hindu women in Bangladesh are the worst sufferer due to this lack of provision of divorce. Very often they have to undergo physical and mental torture for dowry from their husband but can't divorce him since there is no such option in our country.
Adoption: Adoption is the transplantation of a son from the family in which he is born to another family where he is given by the natural parents by way of gift. The power of a Hindu female to adopt a son is very much restricted in Bangladesh. She can't adopt by herself but only with the consent of her husband. She has no right herself, she is deemed to act merely as an agent, or representative of her husband. A wife can but no other female can adopt. However, in India a woman enjoys a lot of rights conferred by the Hindu Adoption & Maintenance Act 1956. The Act has made the following changes in the law relating to adoption:
A female may also be adopted(Sec:7&8)
A virgin, divorcee, or widow is entitled to adopt and wife can also adopt in certain circumstances.(Sec:8)
A male can adopt only with the consent of wife or wives, if any. (Sec:7)
The father without the consent of mother can't give a child in adoption except in certain circumstances.(Sec:9)
The ceremony of “Datta Homam” is not essential. (Sec:11)
Adoption: Adoption is the transplantation of a son from the family in which he is born to another family where he is given by the natural parents by way of gift. The power of a Hindu female to adopt a son is very much restricted in Bangladesh. She can't adopt by herself but only with the consent of her husband. She has no right herself, she is deemed to act merely as an agent, or representative of her husband. A wife can but no other female can adopt. However, in India a woman enjoys a lot of rights conferred by the Hindu Adoption & Maintenance Act 1956. The Act has made the following changes in the law relating to adoption:
A female may also be adopted(Sec:7&8)
A virgin, divorcee, or widow is entitled to adopt and wife can also adopt in certain circumstances.(Sec:8)
A male can adopt only with the consent of wife or wives, if any. (Sec:7)
The father without the consent of mother can't give a child in adoption except in certain circumstances.(Sec:9)
The ceremony of “Datta Homam” is not essential. (Sec:11)
From the above discussion it can be said that the Hindu women in Bangladesh are deprived of equal rights due to existence of the non-amended personal law which doesn't allow equal rights of women in different aspects of life even though constitutionally women are bestowed with equal right in social and political arena of Bangladesh. With the realisation of the concept that "man is not for law but law is for man", the world's civilizations has always brought about necessary changes in their respective laws and customs to adjust to the changing scenario. But in Ban-gladesh the scope of freedom of Hindu women is clogged by the crude provisions of Dayabhaga School that stands like a wall in the way of advancement and empowerment of Hindu women. This situation needs to be changed at any cost and there-fore following recommendations are suggested to bring a constructive change in the Hindu Family Law and thereby upheld the dignity of Hindu women:
Polygamy should be prohibited through law.
Marriage registration should be made compulsory along with the traditional ritual of marriage ceremony.
Marriage registration should be made compulsory along with the traditional ritual of marriage ceremony.
Right to divorce of both man and woman should be ensured under equal condition.
Maintenance should be given to the wife and children as per Guardianship and Ward Act,1898.
Guardianship right should be entitled to both the parents.
Adoption right should also be given to women.
Finally, women should get equal share from the property of both father and husband.
Maintenance should be given to the wife and children as per Guardianship and Ward Act,1898.
Guardianship right should be entitled to both the parents.
Adoption right should also be given to women.
Finally, women should get equal share from the property of both father and husband.
Indigenous peoples' human rights

Injustice suffered by the victims of minority discrimination and related intolerance is well known in the world including Bangladesh. Limited employment opportunities, segregation and endemic poverty are only a few. The disadvantages faced by them in society are also familiar: lower pay for work of equal value; high illiteracy rate; and poor access to health care, etc.
The minority, immigrant, and ingenious people having limited employment opportunities are at the bottom of the labour market. Maurice Gledle-Ahanhanzo, the special investigator on the subject of the UN Commission on Human Rights, studied the situation of indigenous women in the labour market when he visited Brazil in 1995. He concluded that, “black women receive the lowest salaries (four times lower than that of a white one), are employed in the most unhealthy locations, work a triple working day and face threefold discrimination.”
Who are ingenious people?Indigenous people are the people living in an area prior to colonisation by a state or the people living in an area within a nation state, prior to the formation of the nation state, but who do not identify with the dominant nation or the descendants of either of the above.
Who are ingenious people?Indigenous people are the people living in an area prior to colonisation by a state or the people living in an area within a nation state, prior to the formation of the nation state, but who do not identify with the dominant nation or the descendants of either of the above.
The UN Commission on Human Rights has provided the following definition: “Indigenous people are composed of the peoples who inhabited the present territory of a country wholly or partially at the time when persons of a different culture or ethnic origin came there by conquest”.
Indigenous peoples in New WorldIn the New World, the White European colonizers arrived and settled suddenly, with drastic results. The indigenous people were pushed aside and marginalised by the dominant descendants of Europeans. Modern estimates place the 15th century, or pre-Columbus, population of North America at 12 to 15 million. By the 1890s, it had been reduced to approximately 3000000. In parts of Latin America, the results were similar; in others, there are still majority indigenous populations. They still face the same obstacles as indigenous peoples elsewhereprimarily, separation from their lands.
Indigenous peoples in New WorldIn the New World, the White European colonizers arrived and settled suddenly, with drastic results. The indigenous people were pushed aside and marginalised by the dominant descendants of Europeans. Modern estimates place the 15th century, or pre-Columbus, population of North America at 12 to 15 million. By the 1890s, it had been reduced to approximately 3000000. In parts of Latin America, the results were similar; in others, there are still majority indigenous populations. They still face the same obstacles as indigenous peoples elsewhereprimarily, separation from their lands.
Indigenous people in Bangladesh In Chittagong Hill Tracts, the term indigenous people or Adivasi(in Bengali) applies to eleven montagnard or hill peoples: Bawm, Chak, Chakma, Khumi, Khyang, Lushai, Marma, Tanchangya, Tripura. They are mainly known as Pahari. In the central and north-western parts of Bangladesh, the Koch, Rajbangshi, Munda and Santhal live.
Steps taken by United Nations
Steps taken by United Nations
UN Universal Declaration of Human Rights 1948 states the rights for indigenous people: All human beings are born free and equal in dignity and rights. And all are equal before the law and are entitled without any discrimination to equal protection of law.
ILO Convention No. 107 of 1957 provides the promotion of improved social and economic conditions for indigenous peoples.
ILO Convention No. 107 of 1957 provides the promotion of improved social and economic conditions for indigenous peoples.
In 1970, the Sub-Commission on Prevention of Discrimination and Protection of Minorities (a subsidiary body of the Commission on Human Rights) commissioned special Rapporteur Martinez Cobo of Ecuador to undertake a study on “The Problem of Discrimination against Indigenous Populations”.
The report found that some governments denied indigenous peoples existed within their borders. Other denied existence of any kind of discriminationin contradiction to the reality encountered. It described cases where the government authorities unwittingly betrayed their badly discriminatory thinking.
The report found that some governments denied indigenous peoples existed within their borders. Other denied existence of any kind of discriminationin contradiction to the reality encountered. It described cases where the government authorities unwittingly betrayed their badly discriminatory thinking.
The establishment of the UN Working Group on Indigenous Populations in 1982 was a direct result of the Cobo Study. Consisting of five independent experts, the Working Group meets annually in Geneva, and until now, has been the only arena in the United Nations system in which indigenous people could state their views.
The United Nations International Decade of the World's Indigenous Peoples (1995-2004) has helped to focus efforts in the United Nations system on two primary goals: The creation of a Permanent Forum on Indigenous Issues, and the drafting of a Declaration on the Rights of the Indigenous People.
The United Nations International Decade of the World's Indigenous Peoples (1995-2004) has helped to focus efforts in the United Nations system on two primary goals: The creation of a Permanent Forum on Indigenous Issues, and the drafting of a Declaration on the Rights of the Indigenous People.
The ECOSOC and the United Nations Charter body to which the commission on Human Rights reports took steps to establish the Permanent Forum on Indigenous Issues, which will consist of eight governmental experts and eight indigenous representatives.
Indigenous peoples' rights in Bangladesh The Constitution of the People's Republic of Bangladesh provides the similar rights as fundamental rights stated in UN Universal Declaration of Human Rights of all citizens in Bangladesh and article 28(4) of the Constitution enables the state to enact special provisions for advancement of any backward sections of citizens.
On 9August 1993, the Bangladeshi Indigenous peoples while celebrating the International year of the World's Indigenous Peoples, demanded constitutional recognition of their cultural integrity. The impact of the international events was realised within this country in various ways.*The UN events led to the forging of greater unity among the country's indigenous peoples.* It instilled a greater sense of pride in their indigenous identity.*It led to the growing currency of the term “indigenous” and “adivasi”.
Indigenous peoples' rights in Bangladesh The Constitution of the People's Republic of Bangladesh provides the similar rights as fundamental rights stated in UN Universal Declaration of Human Rights of all citizens in Bangladesh and article 28(4) of the Constitution enables the state to enact special provisions for advancement of any backward sections of citizens.
On 9August 1993, the Bangladeshi Indigenous peoples while celebrating the International year of the World's Indigenous Peoples, demanded constitutional recognition of their cultural integrity. The impact of the international events was realised within this country in various ways.*The UN events led to the forging of greater unity among the country's indigenous peoples.* It instilled a greater sense of pride in their indigenous identity.*It led to the growing currency of the term “indigenous” and “adivasi”.
Though the indigenous peoples constitute a considerable part of the country's population they are denied to play a role in state-formation and nation building. They cannot exercise their rights in the case of land alienation. Again they are suffering from the non-acknowledgment of their right to self-determination and the district and regional councils are indifferent in this respect.
What can be done? To protect the rights of the indigenous people and to resist the discrimination against them, some recommendations must be adopted, such as
Good governance plays a vital role in involving minorities in society and protecting their rights and interests. Through recognition, dialogue and participation, all the citizens of a diverse society can form a greater understanding of one another's concerns.
What can be done? To protect the rights of the indigenous people and to resist the discrimination against them, some recommendations must be adopted, such as
Good governance plays a vital role in involving minorities in society and protecting their rights and interests. Through recognition, dialogue and participation, all the citizens of a diverse society can form a greater understanding of one another's concerns.
Education and the media have important roles to play in this regard, as do political representatives and community leaders.
Positive action by states can include legislative measures that introduce higher maximum penalties for minority motivated crimes.
State authorities need to ensure that minorities enjoy the fundamental right to equality both in written legislation and in society at large. The roles of local government, civic organisations and non-governmental organisations are important in this respect.
The government should take some effective initiatives to increase the employment of persons of minority origins in fields where they are under-represented, and establish human rights institutions.
Other recommendations include monitoring hate speech, promoting empowerment through education, and ensuring adequate housing and access to health care for the indigenous people.
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