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RCSS Policy Studies 16 : Conclusion

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

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

Violence against women is not a new phenomenon of society, but it is the newer dimensions of this violence that has made the issue so important for the future of humankind. The study on "Law and Order Situation and Gender-based Violence: Bangladesh Perspective" shows that women's insecurity in Bangladesh not only arises from structural variables like patriarchy and religious conservatism but also from other variables like the existing law and order situation of the country. The law and order situation has not only deteriorated in the recent past but has also made life insecure for vulnerable social groups like women.

The recent incidents of Yasmeen's and Seema's rape cases and events like the abuse of a woman on 31st night highlight the link between the severe deterioration in the overall law and order situation of the country and issues of gender-based violence. On one hand it shows the opening of a new area of initiating violence against women in the existing patriarchal society, which itself generates and perpetuates violence against women through various other means. On the other hand, as it has been pointed out in the previous section, the reproduction of the system and the co-relation between and among its components have contaminated the entire system. What the need of the hour is the political will to combat terrorism, check the flow of black money in politics and take political decisions on basis of political unanimity
.
The media also has a greater, in fact one of the most responsible roles to play in this context. Human rights groups, women's organisations and civil society have appreciated the unanimous decision taken by the media not to publish any photographs of victims of gender-based violence. But the publication of the photo of the woman abused on 31st night in several national newspapers was an example of sheer irresponsibility. 

On the other hand many of the leading national dailies, especially the vernacular newspapers, now provide a separate page for women's issues, their pains and problems. The media, should thus carry out its future activities to promote the general understanding of gender issues and issues regarding gender-based violence.
The government both in cases of gender-based violence and persons allied with illegal activities should enforce exemplary punishment for the accused. Only through this harsh awakening of society, can the awareness of the general people be aroused. In this connection, it is also important to retrieve traditional values.
Above all the concept that "women's rights are human rights" should not be limited to mere jargon only. 


Recommendations
Violence against women is a global phenomenon from time immemorial, which does not depend on the level of development or even on the level of affluence of the society, but varies in terms of severity and manifestations. It is a gross violation of the human rights of women and has gained importance through the constant lobbying of women activists worldwide. With the recognition of women's unpaid contribution to the economy and the need to incorporate women's perspectives in development planning, women's issues were gradually placed in the forefront of decision-making procedures. 

Along with the changes in the concept of women's status world wide, the Bangladeshi society started to feel the impact of change. Several laws have been enacted with the aim to improve women's lot, but seldom have the reforms in these laws helped to serve women's cause. 

Any recommendations made specially relating to gender-based violence and law and order should be a concerted effort to combat both law and order situation and gender-based violence.

Specific recommendations at the Decision Making Level
At the decision making level, the government should undertake several concrete measures, along with strict implementation of laws to protect women's security and improve the condition of law and order situation.
  • The government should take up measures to appoint two separate Ombudsmen, one to oversee the law and order situation and another to oversee the issue of gender-based violence. The persons chosen should be acceptable to all have no political affiliation. Their duties should include collecting information on existing law and order situation and incidents of gender-based violence on a monthly basis; identifying the general pattern and trends of incidents; identifying the sources of illegal arms in the country and suggesting measures to combat each of the issues. 
  • The offices of the Ombudsmen should assist in forming a "Data Bank on Gender-based Violence" and another "Data Bank on Law and Order Situation" at the national level with analysis and description of events. The offices should publish monthly data of the collected information in the mass media, along with the full socio-economic account of both the victim and the accused. But they should do so without disclosing the victim's identification in both cases of gender-based violence and people affected by deteriorating condition of law and order. The follow-ups of each and every incident should be published accordingly.
  • The government should set up a co-ordination committee, comprising members of the civil society, human rights activists, legal activists and others, to assist the office of the Ombudsmen to oversee overall activities and monitor the general situation. 
  • Appropriate institutional reform plans to break the past legacy.
  • The government should also take measures to decentralise administration and ensure the independence of judiciary, to establish accountability of all the components of law enforcing agencies.
  • Ensuring gender-sensitive training programmes for all government officials including decision-makers, members of the Parliaments and members of the law enforcing agencies, especially police.
  •  Women's issues, particularly gender-based violence should be incorporated in the high school level of study to remove gender biases from a young age. The Education Board should eliminate role stereotypes from textbooks and change the traditional role models.
  •  Mobile petrol consisting of members of the law enforcing agencies should be set up to oversee the deterioration in the law and order situation and gender-based violence in any area.
  •  The government, co-ordinating with NGOs should set up a "Cell to Protect Women against Violence" at the grassroots level to collect and disseminate information; initiate gender-sensitive programmes to raise awareness on the issue and help eradicate violence against women.
  • Economic independence is a necessary precondition for self-reliance- therefore, self-sustaining and self-generating economic activities targeted towards women should be and must be encouraged by the government.
  • The government should make legal aid available to all-from rural to urban area; provide economic assistance to the victim where necessary and ensure speedy free, and fair trial of the cases.
  • There should be a Cell for Protecting Women against Violence at every police station where cases of violence against women would be reported. Such a Cell can also assist the work of the office of the Ombudsman.
  • The victims of gender-based violence should be provided immediate medical facilities and treated by female medical staffs.
  • Counselling and registration of marriages should be ensured and supervised thoroughly by the governmental authority. Active cell to be set up especially in rural areas to monitor incidents of dowry. 
  •  The government should actively ensure increasing women's participation in technical areas.
  •  There should be a Gender Code and a Central Cell for Women in both public and private offices, conducted predominantly by women, to look after their problems and other related issues in the offices.

    Specific Recommendation For the Police Force
    The government should take some immediate measures to restore the faith and confidence of the general public in the law-enforcing agency, especially the police. In this context the followings measures can be pursued.
  • Brilliant students should be encouraged and given preference when it came to recruitment to the police force
  •  Past record of the potential recruits should be carefully assessed by a committee of representatives from the civil society.
  •  The police force must be disjointed from vested interests of the government sectors. To ensure this a proper accountability mechanism for the police force must be developed. The members of civil society, including leading authors, poets, university teachers, and local community- all should be involved in this process.

For the Community
The gradual erosion in our moral values through which we have learned to respect our elders has affected the overall check and balance mechanism that used to control the spread of violence, corruption and other vices. The society used to try the accused for crimes committed in the community through the process of "Shalish" (a sort of "local court", managed by the senior and learned people of the community), involving the accused, victim and their families. The disappearance of such social safety mechanism has affected the community as a whole and its ultimate effect has given rise to the total disappearance in accountability from the lower tier of the society. Therefore, if we want to recommend any measures with respect to gender-based violence and law and order situation, there should be a clear and defined role for the community.

  • There should develop a community protection mechanism for women and a mechanism to encounter illegal activities taking place in the community. The elderly and learned people of the community should take up the responsibility to manage the affairs of the community. Such a mechanism should be totally free from any political affiliation.
  • The community should collect information on gender-based violence taking place in the community. There should be a liaison between each community and the offices of both the Ombudsmen can interact with each other to improve law and order situation and curb gender-based violence.
  •  There should be a women's forum in the community to look after women's issues and specially incidents of violence against women in the community.
  •  The learned people should make interpretation of religious verses so that chances of misinterpretation of religion are reduced.

    For Women Activists and Human Rights Organisations

  • Women and human rights activists should act as "watch dogs" to monitor the overall situation; prepare their own reports regarding the issues and present it to the offices of the Ombudsmen and suggest measures that would assist to improve the existing situation.

    For the Victims
  • The traditional attitude of society regarding the victims of violence should be changed through gender-sensitive programmes in the mass media. 
  •  The victims must be encouraged to "break the silence" of violence perpetrated against them. The family of the victims must immediately assist the victim to overcome the situation.
  •  The most important step with regard to gender-based violence should be to initiate exemplary punishment of the accused.

7.6 Future Areas of Research
While conducting this research work, the author observed that there are various under explored and less noticed areas regarding gender based violence in Bangladesh. Substantive research works in these areas may further elucidate the pattern of relationship between various types and forms of gender based violence with that of the entire law and order system of our country. While this research concentrated mainly on identifying a general pattern, more sector specific intensive research works will undoubtedly construct a more distinct picture of the entire scenario. Some of these areas are mentioned below:
1. Exploring the causal connection between deterioration of law and order situation and increase in workplace harassment/violence against women.
2. The role of women's participation in law and order institutions and in defence forces in resisting gender based violence.
3. The security of women migrant workers, both inside and outside the country.
4. The perceptions of women belonging to minority groups regarding law and order institutes and law and order situation of the country.
5. The role of women's participation in grass root level political institutions, in resisting gender based violence.

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