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RCSS Policy Studies  16 : Chapter 1 

Law and Order Situation and Gender-based Violence Bangladeshi Perspective -  by - Lailufar Yasmin

[Chapter 1] [Chapter 2] [Chapter 3]  [Chapter 4] [Chapter 5] [Conclusion]

Introduction
As we have entered the new millennium, the rights and status of women in society have gained paramount worldwide concern among policy makers and civil society alike. Meanwhile the integration of women to the mainstream development process has pushed women’s issues from the private sphere of life to the public. However the question remains whether the process has helped to reduce repression against women or opened up new avenues for exploitation. While domestic violence against women has always been a general feature of the social structure of both rich and poor nations, women’s increased participation in outside activities has endangered her external security as well. Incidents of rape, gang rape, acid throwing, sexual harassment and violence at the work place, eve teasing and the like, have not only increased recently, but have also turned much more ominous. We already know that gender-based violence is deeply associated with the existing patriarchal social structure, which is also manifested and reproduced in the legal system of the nation-states. 
Nevertheless, the recent upsurge in gender-based violence poses the question as to whether the increase is only a demonstration of the existing patriarchal societal structure or whether other factors too are at play. It may be presumed that the increase in the incidents of gender-based violence might be linked to other factors such as the rapid deterioration of law and order situation or problems of governance and the like.

Objectives of the Study

As a topic of research, the author decided to primarily focus on whether there exists any linkage between the increase in gender-based violence and the law and order situation. It must be clarified that the author does not intend to view the issue as a separate entity, excluding the existing patriarchal system. Rather the objective is to explore whether women’s increased activities in the public sphere have jeopardised her basic security at the external environment and if so, how this has taken shape.
There are also several other objectives in carrying out research on the proposed topic apart from the general objective of establishing a relationship between the continuous deterioration of the law and order situation and gender-based violence. The study aims to focus on the role of the law enforcing agencies vis-à-vis women security. It also attempts to look into the social response to the role of irresponsible acts of the law enforcing agencies. More specifically, this paper attempts to:
– provide a basic outline regarding the number, extent and types of gender-based violence relating to the law and order situation of Bangladesh, the author’s home country;
– point out the perception of the general public regarding the state of law and order situation, increasing violence, specifically gender-based violence;
– look into the existing legal framework and make probable suggestions for revision/enactment of new law;
– draw out from discussions with experts in this field measures to raise the concern of the state machinery to prevent such acts of violence, raise social consciousness and to bring out specific recommendations for the improvement of the law and order condition of the country;
– investigate as to why repeated incidents of violence against women are carried out in spite of extensive media exposure.

Research Methodology
Phases of the Study
While conducting the entire research, the author divided the period of study into several phases. In the first phase the author consulted with women activists on how to conduct the study and its plausibility. The author carried out archival research during the second phase of the study and consulted with the supervisor to determine the questionnaire. In the third phase, the author conducted field visits and completed the write up in the last phase.

Variable Identification
The arguments of this study have been developed by examining both a set of internal and external variables. The internal variables are those which directly influence the framework of relationship between the law and order situation and gender-based violence. Examples of such variables include the members of the law enforcing agencies, the victims and the perpetrators. The author identifies as external variables the broader context that determines the nature and characteristics of the internal variables. Thus the societal characteristics of Bangladesh along with the pattern of behaviour and activities of different sections of the society have been considered as the set of external variables.

Preparation of Questionnaire
When preparing the questionnaire, the first target was to identify the perception of the general public regarding law and order situation in our country and second their perception on gender-based violence and its relationship with the overall condition of the law and order situation. As a first step the author prepared a set of “test questionnaire”, comprising fifteen questions, to determine the sensitivity and understanding of the general public to these issues. Evaluating the preliminary response, several questions were eliminated after extensive consultation with the author’s supervisor to ascertain a plausible conclusion on the matter. The questionnaire has been added at the end of the work in the Appendix 3.

Sources of Information and Collection of Data
The study is based on both primary and secondary sources of information. The primary source comprises mainly interviews from a cross-section of society. The author, along with assistants, interviewed 180 people in the Dhaka City, the Narayanganj City and a village named Begunbari at Savar, near Dhaka. The interviewees were selected randomly. However as one of the aims of the study is to outline the gender perspective regarding the existing law and order situation of the country, the greater number of the interviewees were female. A limited number of males were also interviewed to compare and contrast their perspectives regarding the impact of law and order situation upon women, with that of the former group. The following areas were considered when conducting interviews:

a. Religious Representation: Interviews in the city of Narayangonj were conducted mainly in Hindu dominated areas to ensure the inclusion of the viewpoints of the largest religious minority group in Bangladesh.
b. Politico-ideological Orientation: Based on the trends of the results of the last national election (1996), the areas were selected on basis of politico-ideological perception of its population. Thus varying perception between government party supporters and opposition party supporters could be identified.
c. Urban-Rural Representation: Inclusion of the perspectives of both the urban and rural areas was also an important criterion.

In total, 180 people were interviewed in the areas of Dhaka city, the Narayanganj city and a village named Begunbari at Savar, near Dhaka. In the city, 80 people were interviewed on a random basis. Another 100 people were interviewed in Narayanganj and in Begunbari, exactly 50 in each area.
The secondary sources constituted mainly of reports on gender-based violence published in different newspapers; the reports of human rights organisations on both gender-based violence and law and order situation and the established scholarships available in Bangladesh on gender-based violence. To find out the necessary materials in this regard the author also carried out an archival research. The national newspapers scanned for the purpose of the research included The Daily Star, Dainik Prothom Alo, Dainik Janakantha, Dainik Bhorer Kagoj, The Independent and the Weekly 2000. Human rights reports published by the Ain O Salish Kendra and Odhikar, two of the leading human rights organisations of Bangladesh, were also consulted.

Organisation of Materials
This introductory section contains the research methodology, problems of data collection and other related issues. Apart from the introductory, there are seven more sections in the study. Section 2 deals with definitional issues like that of gender-based violence, the recognition of the issue within the broader framework of human rights etc. In Section 3 the paper tries to illustrate a South Asian view regarding gender-based violence. In this connection, country reports of India, Nepal and Pakistan have been discussed to examine the condition of women in those countries.
The fourth Section attempts to represent the major focus point, i.e. the status, position and security of women in Bangladesh with respect to the country’s law and order situation. This is a more descriptive section where the reasons behind women’s marginalisation in society, women’s standing vis-à-vis men in receiving equal opportunities in society and the existing legal safeguards available for women in Bangladesh are discussed. The state of law and order situation has also been presented to establish the relationship between the law and order situation and gender-based violence.
In Section 5, the findings of the study are discussed. The nature and intensity of gender-based violence based on both secondary and primary materials constitute the major discourse of this section. Section 6 contains remarks of the author derived from the study. The final section while highlighting some recommendations that could help alter the prevailing situation in line with the entire study then draws the conclusion of the study. The author ends up with identifying some areas for further research on the topic.

Limitations and Problems of Research

Inadequate Scholarship
One of the major problems that the author encountered was the lack of adequate scholarship in the area of research. Though a good number of organisations in Bangladesh are working on women’s issues, like the Women For Women, Nari Shanghati etc. the author could find only a limited number of systemic research work on the issue of gender-based violence in Bangladesh. Most of the research works done so far on women’s issues are mainly related to economic, social or legal issues. The issue of gender-based violence has been a matter of concern mainly from the 1980s. However, several research works done in Bangladesh have been particularly helpful in conducting the research. These works are1 :
• Akanda, Latifa and Ishrat Shamim; Women and Violence: A Comparative Study on the Rural and Urban Violence against Women in Bangladesh; November 1984, published by the Women For Women (WFW);
• Jahangir, Borhanuddin Khan; and Zarina Rahman Khan (eds.); Bangladeshe Nari Nirjaton (Violence against Women in Bangladesh); 1987 published by the Samaj Nirikhkhan Kendra;
• Jahan, Roushan; Hidden Danger: Women and Family Violence in Bangladesh; 1994; published by the WFW; and
• Jahan, Roushan and Mahmuda Islam; Violence against Women in Bangladesh: Analysis and Action; 1997, published by the WFW.

Problems of Data Collection
a. Psychological barriers of the interviewees: The sensitivity of the research topic often created various forms of psychological barriers among the interviewees. In general, the people seemed quite hesitant to give their impressions about local violence and terrorism. The author had the impression that the extent of terror had already created a sort of mental block among the people. Female interviewees were particularly to talk about sexual harassment for obvious social reasons along with the fear of local terrorists. Thus, finding out accurate information to portray the reality of gender-based violence caused by the deteriorating law and order situation was often very difficult.
The issue of gender-based violence is also particularly sensitive in a predominantly Muslim country like ours where education does not play a major role. Physical violence perpetrated by husbands towards wives or fathers towards daughters is accepted as normal by society. Therefore, almost all the respondents answered the question whether they had ever been victims of physical violence, in the negative. This question was then rephrased to, what do you understand by “gender-based violence”. 
While carrying out this research, I encountered a derogatory attitude in the male interviewees who simply could not understand the reasons for conducting a study particularly for women. They considered it both a waste of time and money to discuss such issue. We were even threatened and advised to leave the place at Begunbari, Savar and were accused of asking people questions on sensitive and ‘private’ issues.

b. Political bias: Sometimes the extent of political commitment of a respondent affected the objectivity of his/her answers. The author tried to overcome this difficulty by maintaining a more or less equal representation regarding the nature of political commitment of the respondents.

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