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Thursday, May 18, 2023

Gender inequality in Bangladesh

From Wikipedia, the free encyclopedia
 

Gender inequality has been improving a lot in Bangladesh, inequalities in areas such as education and employment remain ongoing problems so women have little political freedom. In 2015, Bangladesh was ranked 139 out of 187 countries on the Human Development Index and 47 out 144 countries surveyed on the Gender Inequality Index in 2017. Many of the inequalities are result of extreme poverty and traditional gender norms centred on a patrilineal and patriarchal kinship system in rural areas.

Gender

Bangladesh is one of those countries of the world where the number of men exceeds the number of women. Ninety- percent of the population adheres to Islam. Veiling remains a domain of contestation in regards to whether it serves as a vehicle of empowerment or discrimination. While seen in Western discourse as restrictive of women's rights, some claim that burkas allow for better freedom of movement in Bangladesh. Despite the changes that have come with the demand for women in the export industry, women are generally unseen outside the domestic sphere. This is especially true in rural Bangladesh. While labour force increase has accounted for higher percentages for females than males, terms of equality are measured in various areas beyond employment. Their status and position is also measured in terms of education, income, assets, health, and the role they play in the family and in society. These characteristics are representative of the amount of political power and social prestige a woman is accorded and thus the extent to which she can influence decision-making within the home and in the community.

Legal status

Although the Constitution of Bangladesh states that women have equal footing with men in all spheres of public life, it also recognizes religious personal laws, which are unequal to women. Four significant events in the life of a woman: marriage; divorce; custody of children; and, inheritance rights are governed by personal laws. Personal laws are based on religious and social value systems. Because women are the primary caregivers for children, in cases of divorce, custody is most often awarded to the mother.

In recent years, several laws have been put in place to reduce the amount of violence against women and girls. Early in 2011, a Division Bench of the High Court Division of the Supreme Court ordered every incident of eve-teasing to be considered sexual harassment. It also ordered an amendment to the Prevention and of Repression on Women and Children Act of 2000 to include the act of stalking in its provisions. Other laws protecting Bangladeshi women include the Acid Crime Control 2002 and the Dowry Prohibition Act 1980. However, weak enforcement of these laws is common due to a weak judiciary, corruption, and societal tolerance.

The Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)

In 1979, the United Nations General Assembly adopted CEDAW as an international bill of rights for women. It defines what constitutes discrimination against women and creates an agenda for states to end discrimination worldwide. States that ratify CEDAW are legally bound to put its provisions into practice and are obligated to submit national status reports every 4 years.

On 6 November 1984, Bangladesh ratified CEDAW with reservations on Articles 2, 13.1[a], 16.1[c], and [f] due to conflicts with Sharia law of Islam. Since ratification, Bangladesh has undergone milestone changes in gender equality. In 2009, a public interest litigation case brought by the Bangladesh National Women's Lawyers Association challenged the High Court to step in and take action as there was no national law against sexual harassment. CEDAW became the centre of the Court's deliberations, and particular interest in CEDAW's Article 11 on equality in employment and the CEDAW Committee's General Recommendation no. 19 on violence against women was given. Based on these principles, the Court issued sexual harassment guidelines for the whole country, which will remain when legislation is passed. Bangladesh has also used CEDAW to help attain gender parity in primary school enrollment and has as a goal for 2015, to eliminate all gender disparities in secondary education.

Health

In 2011, 24% of births were attended by a professional health physician. Sex selective health care and infanticide suggest a correlation between the number of females to males in Bangladesh. In Europe where men and women are given similar health care and nutrition, women outnumber men 105:100. In Bangladesh, that ratio is 95:100. In terms of the population, that ratio accounts for approximately 5 million missing women. Economist Amartya Sen argues that this low ratio is primarily due to insufficient health care provided for young girls but nowadays NGOs are encouraging equal health care. He reported that men, followed by boys, is the largest group of people admitted into hospitals. Women family members are less likely to receive modern medical care and are generally recipients of traditional remedies.

The health situation for urban women is worse than that for rural women, especially those living in slums. The urban population living in the slum areas do not have adequate sanitation, water and health facilities which results in poor health.

Education

In 2011, the population with at least a secondary education was 30.8% for women and 39.3% for men. Due to poverty, literacy rates have remained low. In the span of 30 years (1970 to 2000), the female-male literacy ratio has more than doubled, from 0.30 to 0.61. While levels remain low, there is a more rapid increase of educational attainment for women than men. Enrollment of girls are rising in schools and colleges. However, due to financial constraints and the lack of earning opportunities for educated women, the rationale in the Bangladesh family to educate a boy over a girl still persists. Other impediments to educational attainment for women include early marriage, cultural norms, and religious orthodoxy. Participation in technical disciplines (regarded as men's domain) in areas such as engineering and agriculture is unequal as well. As of 1997, the student population at technical universities is only 9% female.

Employment

Labor force participation for females has been driven primarily by the growth of approved export industry jobs in textiles and the spread of micro financing operations by NGOs including the Grameen Bank. Women's participation in high skill, managerial, and government executive positions have increased only to a limited extent. Income inequalities between women and men are still existent in Bangladesh. The 2012 Human Development Report shows that in the small business sector, for every dollar earned by a male, women make 12 cents in comparison. Over time, however, gender earning gaps have decreased in favour of women.

Microcredit

Since the 1970s, microcredit institutions in Bangladesh have moved to the centre stage of most poverty alleviation schemes. The most notable micro finance institutions in Bangladesh are the Grameen Bank and BRAC. (Bangladesh Rural Advancement Committee) In 2005, these two institutions covered 59% of total microcredit borrowers in Bangladesh. Marketization of the originally intended welfare oriented sector have made micro finance widely popular, accounting for a $2.1 billion industry. These loans require no collateral, making for attractive prospects to poor and/or rural Bangladeshi families who have no collateral to offer.

Bangladeshi women are primarily who these institutions target. This relies upon observations that patriarchy is deeply embedded in the culture, thus the spotlight is on empowering women who are vulnerable and powerless. Research also suggests that loans given to women tend to more often benefit the whole family than do loans to men.

Having been adopted in one of the U.N.'s Millennium Development Goals, micro credit initiatives have been seen as beneficial for alleviating poverty. While it has been shown to do this, scholars also indicate that in many cases, micro credit loans can worsen poverty. As observed in the context of India's microcredit crisis of 2010, client poaching occurs where the poorest of individuals are given loans, even if they have little to no prospects of repayment. Quick repayment requirements on loans often don't give women enough time to generate the income quickly enough through their business expenditures. Financial setbacks in the initial stages of business, use of loan money for emergencies and/or day-to-day consumption can result in large indebtedness and conditions of poverty worse than before. Thus, collateral takes the form as scholar Lamia Karim coins, the economy of shame. In Bangladesh, women are the traditional custodians of honour. Deferral on these loans puts the honour of the family and the security of the woman at risk, thus making shame and humiliation collateral for micro credit institutions.

Another disadvantage to women in micro finance is credit control. While intended for women, husbands in the family often end up being the sole beneficiaries of the capital. The idea that "since my wife belongs to me, than so does the money" is largely the reason for this.

Garment workers in Bangladesh

Garment industry

The garment sector in Bangladesh accounts for 77% of total exports, as well as being the country's largest industry. Low wages and poor commitment to Bangladesh's labour laws have provided the basis for extremely competitive labour costs. Unmarried women from rural areas are the preferred garment factory workers, and correspondingly make up the majority of the labour force. Women are preferred over men primarily because its deemed a) women are more patient and nimble b) women are more controllable than men c) women are less mobile and less likely to join a trade union d) women can do better in sewing because it coincides with domestic jobs.

Garment workers experience several violations of worker rights which are supposedly protected in Bangladesh's labour codes. Among these violations are long working hours, illegal pay deductions, lack of safe and sanitary working conditions and denial of freedom to associate and bargain collectively. Harassment and abuse against workers is also extremely prevalent in Bangladesh.

Working conditions are different for women than men because they work different jobs. Generally, women suffer the worst working conditions because they hold low skill jobs where occupational hazards are greater. Health is adversely affected by long working hours and poor ventilation. Garment workers also often suffer from the absence of a lunchroom and clean drinking water. Safety and fire hazards are issues as well; in April 2013, a factory collapse on the outskirts of Dhaka killed 1,021 people.

Female workers deal with other issues male workers don't need to. Female garment workers can face an uncongenial work environment, unsafe transportation, and housing. These factors generally don't affect male workers. Sexual harassment and violence in the workplace are also common. In 1998, 161 rape cases in and around garment factories were reported by the Department of Metropolitan Police in Dhaka.

Despite these negative aspects, the garment industry to many Bangladeshi women represents one of few options to work with dignity. The industry allows for women, in many cases, to become the bread winners for their families as well as having elevation in social status. In the International People's Health Assembly held in Bangladesh in 2000, voices of women spoke out against the threat of imposing international labour standards threatening their garment industry jobs.

Political participation

Since the 1990s, women have become increasingly influential in the political arena. Despite the barriers that come with patriarchal rules and the purdah, the system of quotas has ensured women's representation in the national parliament and local governments. Since 1991, all the prime minister elections have been won by two female prime ministers, Sheikh Hasina and Khaleda Zia. Elections in December 2008 resulted in the election of Hasina, who is currently serving.

Despite these successes, there remain several factors that limit women's political participation. The political culture based on vengeance, distrust and corruption has ideological, political, religious and institutional dimensions that are rooted in the whole of society. The result is an institutionalisation of violence as a means of political expression. In 2007, 192 cases of women being attacked with acid were registered. Intimidation by conservative parties and religious and socio-cultural norms are used to cut down and intimidate women, limiting their rights to vote. High rates of illiteracy have also acted as limiting factors.

Inequality and violence against women

Cultural and traditional factors heavily influence how women are treated and regarded in Bangladesh. Once married, women, adolescents, and girls become property of the husbands family. This limits opportunities for schooling, thus perpetuating dependence and disempowerment. Domestic violence and discrimination are difficult to measure, acts of violence can be accounted for in court proceedings and police reports. Violence in Bangladesh ranges from acid throwing, physical and psychological torture, sexual harassment, sexual assault, rape, related violence, trafficking, forced prostitution, coerced suicide and murder.

Rape

Rape is one of the most brutal forms of violence against women in Bangladesh, and its on the rise. Data from the BNWLA Resource centre shows that rape cases doubled from 564 in 2001 to 1043 in 2004. Gang rape has become increasingly prevalent as well.

Domestic violence

Domestic violence incidents in Bangladesh are widespread and fairly common, affecting women across all forms of economic strata. While largely under-reported due to social stigma and fear, data suggests an increase in reported cases of abuse. In 2001, 530 domestic abuse cases were reported in Bangladeshi newspapers. In 2004, the number of cases reported more than doubled that number at 1164 cases. Despite this, domestic violence is not seen as a serious crime. Because it is often regarded as family matters, law enforcement agencies may be reluctant to get involved.

Acid violence

Acid violence against women has become popular act of revenge since the 1980s. Bangladesh has the highest worldwide incidents of acid crimes, accounting for 9% of burn injuries in the country. A recent study reveals that land disputes account for 27% of acid attacks, followed by 18% for family disputes, 10% for refusal of sex, 8% for refusal of romantic relationship, 5% for dowry conflicts, 4% for marital disputes, 3% for refusal of marriage proposal, 2% for political enmity, and the remaining 23% for unknown reasons. Despite new harsh laws, acid violence has been increasing over the last few years. Statistics do not fully capture the devastating effects of acid violence. The plight for victims goes beyond physical scarring, daily life is forever marked by stigma, harassment, and destitution.

Hijra (South Asia)

From Wikipedia, the free encyclopedia
 
Hijra
A group of Hijra in Bangladesh
A group of Hijra in Bangladesh
Pronunciation[ˈɦɪdʒɽa]
MeaningEunuchs, intersex, and transgender people
ClassificationGender identity
Other terms
SynonymsAravani, Jagappa, Kinnar, Khawaja Sira, Khadra, Moorat
Associated termsBakla, Khanith, Kothi, Kathoey, Third gender, Trans woman, Akava'ine, Muxe
Demographics
CultureSouth Asian
Regions with significant populations
Indian Subcontinent
 India10 million+
 Pakistan250,000+ (2017)
 Bangladesh12,000+ (2022)
Legal information
RecognitionYes (India, Bangladesh & Pakistan)
ProtectionLimited

In the Indian subcontinent, hijra are eunuchs, intersex people, or transgender people who live in communities that follow a kinship system known as guru-chela system. Also known as aravani, aruvani, and jogappa, the hijra community in India prefer to call themselves "kinnar", referring to the mythological beings that excel at song and dance. In Pakistan, they are known as khawaja sira, the equivalent of transgender in the Urdu language.

Hijras are officially recognised as a third gender throughout countries in the Indian Subcontinent, being considered neither completely male nor female. Hijras have a recorded history in the Indian subcontinent since antiquity, as suggested by the Kama Sutra. Starting in the 19th century, hijras were targeted by British colonial authorities who sought to eradicate them, criminalised under Section 377 of the Indian Penal Code (1860), and labelled as a criminal tribe in 1871. This encouraged anti-hijra sentiments throughout the Indian subcontinent, the legacies of which continued in the post-colonial era.

Many hijras today live in well-defined and organised all-hijra communities, led by a guru. These communities have consisted over generations of those who are in abject poverty or who have been rejected by or fled their family of origin. Many work as sex workers.

The word hijra is a Hindustani word. It has traditionally been translated into English as "eunuch" or "hermaphrodite", where "the irregularity of the male genitalia is central to the definition". However, in general hijras have been born male, with only a few having been born with intersex variations. Some hijras undergo an initiation rite into the hijra community called nirvaan, which involves the removal of the penis, scrotum and testicles.

Since the late 20th century, some hijra activists and non-government organizations have lobbied for official recognition of the hijra as a kind of "third sex" or "third gender", as neither man nor woman. Hijras have successfully gained this recognition in Bangladesh and are eligible for priority in education and certain kinds of low paid jobs. In India, the Supreme Court in April 2014 recognised hijras, transgender people, eunuchs, and intersex people as a "third gender" in law. Nepal, Pakistan, India and Bangladesh have all legally accepted the existence of a third gender, with India, Pakistan and Nepal including an option for them on passports and certain official documents.

Terminology

The Hindustani word hijra may alternately be romanized as hijira, hijda, hijada, hijara, hijrah and is pronounced Hindustani pronunciation: [ˈɦɪdʒɽaː]. This term is generally considered derogatory in Urdu and the term Khwaja Sara is used instead. Khawajasira is sometimes seen as a more respectable term and has been reclaimed by the community given its precolonial origins and revered status within Islamic spirituality. Another such term is khasuaa (खसुआ) or khusaraa (खुसरा).

A number of terms across the culturally and linguistically diverse Indian subcontinent represent similar sex or gender categories. While these are rough synonyms, they may be better understood as separate identities due to regional cultural differences. In Odia, a hijra is referred to as hinjida or hinjda, in Tamil as ali, aravanni, aravani or aruvani (often considered derogatory, and have been supplanted by in-community terms rejecting the concept of hijra for a broader trans identity, such as thirunangai (திருநங்கை, tirunaṅkai; "respected woman"), thirunambi (திருநம்பி, tirunampi; "respected man") and thirunar (திருனர், tiruṉar; "respected person") for trans woman, man and person respectively), in Punjabi as khusra or jankha, in Kannada as mangalamukhi (ಮಂಗಳಮುಖಿ), in Sindhi as khadro (Sindhi: کدڙو), and in Gujarati as pavaiyaa (પાવૈયા). In Bengali, hijra is called হিজড়া, hijra, hijla, hijre, hizra, or hizre. In Konkani, they are known as hizddem or hizdô.

In North India, the goddess Bahuchara Mata is worshipped by pavaiyaa. In South India, the goddess Renuka is believed to have the power to change one's sex. Male devotees in female clothing are known as jogappa. They perform similar roles to hijra, such as dancing and singing at birth ceremonies and weddings.

The word kothi (or koti) is common across India, similar to the kathoey of Thailand, although kothis are often distinguished from hijras. Kothis are regarded as feminine men or boys who take a feminine role in sex with men, but do not live in the kind of intentional communities that hijras usually live in. Additionally, not all kothis have undergone initiation rites or the body modification steps to become a hijra. Local equivalents include durani (Kolkata), menaka (Cochin), meti (Nepal), and zenana (Pakistan).

Hijra used to be translated in English as "eunuch" or "hermaphrodite", although LGBT historians or human rights activists have sought to include them as being transgender. In a series of meetings convened between October 2013 and January 2014 by the transgender experts committee of India's Ministry of Social Justice and Empowerment, hijra and other trans activists asked that the term "eunuch" be discontinued from usage in government documents, as it is not a term with which the communities identify.

Gender and sexuality

These identities have no exact match in the taxonomy of gender and sexual orientation, and challenge Western ideas of sex and gender.

A common misconception of many in Indian society is that hijra are intersex, asexual, and impotent. This is not fully accurate as many hijra are sexually active, in relationships, or may even partake in sex work. In India, some Hijras do not define themselves by specific sexual orientation, but rather by renouncing sexuality altogether. However, these notions can come in conflict with the practical, which is that hijras are often employed as prostitutes. Furthermore, in India a feminine male who takes a "receptive" role in sex with a man will often identify as a kothi (or the local equivalent term). While kothis are usually distinguished from hijras as a separate gender identity, they often dress as women and act in a feminine manner in public spaces, even using feminine language to refer to themselves and each other. The usual partners of hijras and kothis are men who consider themselves heterosexual as they are the ones who penetrate. These male partners are often married, and any relationships or sex with "kothis" or hijras are usually kept secret from the community at large. Some hijras may form relationships with men and even marry, although their marriage is not usually recognized by law or religion. Hijras and kothis often have a name for these masculine sexual or romantic partners; for example, panthi in Bangladesh, giriya in Delhi or sridhar in Cochin. A 2015 study found that self identified panthi participants reported their sexual orientation as bisexual but otherwise aligned with male-typical in other study measures. Identification as hijra, kothi and panthi can be distinguished from Western categories, as they go beyond sexual attraction (such as gay, lesbian or bisexual in the West) to also include gender roles/presentation and preference in sexual position.

A qualitative, interview based study found that those who fall under the umbrella of being hijra tend to identify with certain 'schools of thought' including Khusrapan and Zananapan. These terms refer to categories of hijra functioning. Those who follow Khusrapan identify with being a Hermaphrodite, denouncing sex work while believing that the ancient practices of bestowing prayers and blessings are to be depended on for sustenance. In contrast, the Zananapan school of thought has followers who may be born biologically male but identify with being a woman through their appearance and lifestyle. They often turn to begging or sex work as a consequence of social exclusion.

History

The ancient Kama Sutra mentions the performance of fellatio by feminine people of a third sex (tritiya prakriti). This passage has been variously interpreted as referring to men who desired other men, so-called eunuchs ("those disguised as males, and those that are disguised as females"), male and female trans people ("the male takes on the appearance of a female and the female takes on the appearance of the male"), or two kinds of biological males, one dressed as a woman, the other as a man. Furthermore, in the Puranas three kinds of devas or divine beings of music and dance were identified. These included apsaras, gandharvas, and kinnars, with the former two referring to female and male while the latter refers to 'neuters'. Additionally, the early writings of the Manu Smriti explained the biological origin of the sexes, identifying a third sex that could result if there was an equal prevalence of male and female 'seed'.

Islamic era

Hijra identity and culture is documented to have evolved during the Delhi Sultanate (1226-1526) and Mughal Empire (1526-1707), where hijras held positions as servants for elite households, manual laborers, military commanders, political advisors, and guardians of the harem.

Franciscan travelers in the 1650s noted the presence of "men and boys who dress like women" roaming the streets of Thatta, in modern Pakistan. The presence of these individuals was taken to be a sign of the city's depravity.

British colonialism and the anti-Hijra campaign (1858-1947)

Hijra and companions in Eastern Bengal in 1860

Beginning in the 1850s with the British Raj, colonial authorities deployed various strategies to eradicate hijras, whom they saw as "a breach of public decency." The British viewed hijras as incapable of "moral transformation" and assimilation and therefore subjected them to eliminatory policies. In 1860, hijras became subjected to Section 377 of the Indian Penal Code which allowed British authorities to prosecute hijras simply for existing. Even though they were already criminalized under Section 377, in 1861, authorities of the North-Western Provinces (NWP) sought to enact a 'special law' against hijras. By 1870, no high-ranking British officials argued against the implementation of special legislation to address the 'hijra problem,' thus solidifying a violent anti-hijra campaign all across the Indian subcontinent.

Anti-hijra laws were enacted; whereas a law outlawing castration, a central part of the hijra community (although not required for community membership), was left intact, though it was rarely enforced. The hijra were included in the Criminal Tribes Act (1871) and labelled a "criminal tribe", now subjected to compulsory registration, strict monitoring, and stigmatization. Because of economic costs, which were the main impetus behind British colonialism in India, hijras and other so-called "criminal tribes" were unable to be collectively sequestered from colonial society. British Lieutenant-Governor Edmund Drummond (1814-1895) framed the anti-hijra campaign as a necessary project of "extinguishment" and "extinction." Intense surveillance tactics were enacted over communities with hopes to eradicate hijras permanently.

Child removal projects, which had already begun elsewhere in the British Empire, like colonial Australia with the forced removal of aboriginal children for assimilation into white settler society, were brought to India for all 'criminal tribes' officially in 1911. Child removal was already in de facto practice against hijras since the passage of the Criminal Tribes Act (1871) to initiate the extermination of hijra communities by preventing initiation, since the dominant colonial narrative was that all hijra children were "kidnapped and enslaved". Jessica Hinchy notes that the elimination-oriented tactics carried out toward hijras during the colonial era were comparable to what Patrick Wolfe called the 'logic of elimination' in British settler colonies, such as the United States and Australia, as well as the anti-joya campaigns executed by Spanish colonial authorities against third gender people centuries earlier in the establishment of New Spain (1535-1821).

Post-colonial era (1947-present)

After independence, hijras survived these colonial extermination attempts. However, the centuries-old stigma continues as a legacy of British colonialism. Hijra communities remain throughout modern states of Pakistan, India, Nepal, and Bangladesh, although they continue to face social marginalization and police abuse. In the late 20th and early 21st centuries, hijras became the subject of more attention, being the focus of numerous documentaries, news features, ethnographies, monographs, and dissertations. Gayatri Reddy writes that in the 21st century, hijras have also been 'mainstreamed' into popular films: "given this history of near invisibility, the recent attention focused on hijras has been unsettling for both hijras and non-hijras."

Social status and economic circumstances

Male, female and hijra public toilets in India

Most hijras live at the margins of society with very low status; the very word "hijra" is sometimes used in a derogatory manner. The Indian lawyer and author Rajesh Talwar has written a book, titled The Third Sex and Human Rights, highlighting the human rights abuses suffered by the community. Few employment opportunities are available to hijras. Many get their income from performing at ceremonies (toli), begging (dheengna), or prostitution ('raarha')—an occupation of eunuchs also recorded in premodern times. Violence against hijras, especially those who are prostitutes, is often brutal, and occurs in public spaces, police stations, prisons, and their homes. As with transgender people in most of the world, they face extreme discrimination in health, housing, education, employment, immigration, law, and any bureaucracy that is unable to place them into male or female gender categories.

Housing

The aforementioned all-hijra communities are where many hijra seek refuge and move in. These are made up of a hierarchical structure with large groups of hijras from different areas forming lineages or gharanas. A naayak is the head and primary decision maker for a gharana, determining policies for the community. Falling under naayaks are gurus (lit. "teachers"). Gurus are above community members and regulate daily life in the housing space (known as a dera). The followers of a guru are called chelas. Traditionally, teachers and their disciples use these terms in many domains such as religious learning; however, they bear specific meaning in hijra communities as being about cultural learning—hijra chelas are taught about hijra customs by their guru. These communities reflect similarities to Western notions of found family.

In these communities, the hijras usually refer to each other in feminine terms. Thus, they refer to their relations as sisters with those who fall around their age range or aunt with those older than them, and so on.

In October 2013, Pakistani Christians and Muslims (Shia and Sunni) put pressure on the landlords of Imamia Colony to evict any transgender residents. I.A. Rehman, the director of the Human Rights Commission of Pakistan, said, "Generally in Pakistan, Khwaja Sira are not under threat. But they are in Khyber Pakhtunkhwa Province because of a 'new Islam' under way."

Healthcare

The social status of hijra in society plays a part in their difficulty accessing healthcare services as doctors will turn hijra clients away, claiming that their presence will disturb other clients. Hijra have to hide their identities or can not disclose illnesses such as STI's. Most medical practitioners are also not well educated and informed enough on hijra or sexuality, further contributing to this issue. Social exclusion of the hijra also has some severe consequences for their health.

Hijra in Dhaka, Bangladesh were found to have the highest syphilis rates out of all at-risk groups in the city. In a study of Bangladeshi hijras, participants reported not being allowed to seek healthcare at the private chambers of doctors, and experiencing abuse if they go to government hospitals.

In 2008, HIV prevalence was 27.6% amongst hijra sex workers in Larkana, Pakistan. The general prevalence of HIV among the adult Pakistani population is estimated at 0.1%.

The aforementioned social inequalities and medical negligence also make hijra sex workers a more vulnerable population to HIV. Protection is not usually used in coerced sex, increasing risk of direct exposure to HIV. 40% of the sample in a Pakistan study on HIV reported experiencing forced sex or abuse. Additionally, of this sample, 58% of participants had STI's, the most common being syphilis and gonorrhoea.

An Indian study consisting of 68 transgender participants reported that respondents expressed having intense feelings of low self-worth, shame, depression and suicidal thoughts, internalizing the negative views the society around them holds. Many hijra experience a lack of a support system, facing rejection from family members or difficulties in terms of maintaining steady relationships with romantic partners. This rejection from society contributes to struggles with mental health as well as trans sex workers feeling obligated to accept the violence and stigmas they are subject to.

Criminalization of sexuality

After India's Supreme Court re-criminalized homosexual sex on 11 December 2013, there was a sharp increase in physical, psychological and sexual violence against the transgender community by the Indian Police Service, which often does not investigate reports of sexual assault against them. On 6 September 2018, the Supreme Court overturned India's Section 377, which criminalized anal and oral sex.

Education and employment

In an ethnographic study on the hijra experience in Bangladesh, many hijra recounted childhood experiences of facing abuse and isolation from their peers for presenting as feminine males. Additionally, many hijra reported facing abuse and humiliation from their teachers as well, making school an unfriendly and uncomfortable environment for them. These experiences ultimately resulted in their reluctance to attend school or continue education. This lack of education ends up playing a role in unemployment rates of Hijra. Hijra in Bangladesh also experience sexual harassment and abuse at work, being removed from their jobs when outed as hijra or denied from jobs in general. They face accusations of disturbing the workplace environment.

Being turned away from traditional careers, many hijra have become involved in sex work. However, this has its own problems as Hijras face harassment, forced unprotected sex and assault from clients but many are not able to report it due to fear of harassment from the police as well.

In 2002, nearly 5,000 people attended the All India Eunuch Conference held in Varanasi; the conference's platform demanded that universities and government open more job opportunities to this population. On 15 April 2014, in National Legal Services Authority v. Union of India, the Supreme Court of India ruled that transgender people should be treated as a third category of gender or as a socially and economically "backward" class entitled to proportional access and representation in education and jobs.

Beginning in 2006, hijras were engaged to accompany Patna city revenue officials to collect unpaid taxes, receiving a 4-percent commission.

Language

The hijra community developed a secret language known as Hijra Farsi. The language has a sentence structure loosely based on Hindi and a unique vocabulary of at least a thousand words. Some of the kinship terms and names for rituals used by the Hindi-speaking Hijra community are different in use from those used by people outside the Hijra community. For example, dādī, the Standard Hindi for paternal grandmother, is used in the Hijra community to address one's guru's guru. Beyond the Urdu-Hindi speaking areas of subcontinent the vocabulary is still used by the hijra community within their own native languages.

In politics of South Asia

Hijra Protesting at Pakistan's capital Islamabad

The governments of both India (1994) and Pakistan (2009) have recognized hijras as a "third sex", thus granting them the basic civil rights of every citizen. In India, hijras now have the option to identify as a eunuch ("E") on passports and on certain government documents. They are not, however, fully accommodated; in order to vote, for example, citizens must identify as either male or female. There is also further discrimination from the government. In the 2009 general election, India's election committee denied three hijras candidature unless they identified themselves as either male or female. In 2013, transgender people in Pakistan were given their first opportunity to stand for election. Sanam Fakir, a 32-year-old hijra, ran as an independent candidate for Sukkur, Pakistan's general election in May.

In April 2014, Justice KS Radhakrishnan declared transgender to be the third gender in Indian law in National Legal Services Authority v. Union of India. The ruling said:

Seldom, our society realises or cares to realise the trauma, agony and pain which the members of Transgender community undergo, nor appreciates the innate feelings of the members of the Transgender community, especially of those whose mind and body disown their biological sex. Our society often ridicules and abuses the Transgender community and in public places like railway stations, bus stands, schools, workplaces, malls, theatres, hospitals, they are sidelined and treated as untouchables, forgetting the fact that the moral failure lies in the society's unwillingness to contain or embrace different gender identities and expressions, a mindset which we have to change.

Justice Radhakrishnan said that transgender people should be treated consistently with other minorities under the law, enabling them to access jobs, healthcare and education. He framed the issue as one of human rights, saying that, "These TGs, even though insignificant in numbers, are still human beings and therefore they have every right to enjoy their human rights", concluding by declaring that:

  1. Hijras, Eunuchs, apart from binary gender, be treated as "third gender" for the purpose of safeguarding their rights under Part III of our Constitution and the laws made by the Parliament and the State Legislature.
  2. Transgender persons' right to decide their self-identified gender is also upheld and the Centre and State Governments are directed to grant legal recognition of their gender identity such as male, female or as third gender.

A bill supported by all political parties was tabled in Indian parliament to ensure transgender people get benefits akin reserved communities like SC/STs and is taking steps to see that they get enrollment in schools and jobs in government besides protection from sexual harassment.

In the 1990s, about 10,000 people belonged to a national organization called Treetiya Panthi Sanghatana (TPS). As of 2003, the president was Kajal Nayak. A younger Kajal Nayak, who was 27 years old in 2019, is the president of Jajpur's Transgender Association.

In religion

The Indian transgender hijras or Aravanis ritually marry the Hindu god Aravan and then mourn his ritual death (seen) in an 18-day festival in Koovagam, India.

Many practice a form of syncretism that draws on multiple religions; seeing themselves to be neither men nor women, hijras practice rituals for both men and women.

They are usually devotees of the mother goddess Bahuchara Mata, Lord Shiva, or both.

Bahuchara Mata

Bahuchara Mata is a Hindu goddess with two unrelated stories both associated with transgender behavior. One story is that she appeared in the avatar of a princess who castrated her husband because he would run in the woods and act like a woman rather than have sex with her. Another story is that a man tried to rape her, so she cursed him with impotence. When the man begged her forgiveness to have the curse removed, she relented only after he agreed to run in the woods and act like a woman. The primary temple to this goddess is located in Gujarat and it is a place of pilgrimage for hijras, who see Bahuchara Mata as a patroness.

Lord Shiva

One of the forms of Lord Shiva is a merging with Parvati where together they are Ardhanari, a god that is half Shiva and half Parvati. Ardhanari has special significance as a patron of hijras, who identify with the gender ambiguity. The legend includes a story where Rishi Bhrigu pleased Lord Shiva and denied to please Mata Parvati. Then Lord Shiva and Parvati merged with each other and showed their form of Ardhanari or Ardhanarishwar, meaning half man and half woman. The form represents that a person has both elements of masculine and feminine.

In the Ramayana

In some versions of the Ramayana, when Rama leaves Ayodhya for his 14-year exile, a crowd of his subjects follow him into the forest because of their devotion to him. Soon Rama notices this, and gathers them to tell them not to mourn, and that all the "men and women" of his kingdom should return to their places in Ayodhya. Rama then leaves for 14 years. When he returns to Ayodhya, he finds that the hijras, being neither men nor women, have not moved from the place where he gave his speech. Impressed with their devotion, Rama grants hijras the boon to confer blessings on people during auspicious inaugural occasions like childbirth and weddings. Specifically, hijras will perform and bestow their blessings when a son is born. This boon is the origin of badhai in which hijras sing, dance, and give blessings.

In the Mahabharata

Kuttantavar festival in Koovagam

The Mahabharata includes an episode in which Arjuna, a hero of the epic, is sent into exile. There he assumes an identity of a eunuch-transvestite and performs rituals during weddings and childbirths that are now performed by hijras.

In another episode, before the Kurukshetra War, Aravan offers his lifeblood to goddess Kali to ensure victory for the Pandavas, and Kali agrees. On the night before the battle, Aravan expresses a desire to get married before he dies. No woman was willing to marry a man doomed to die in a few hours, so Lord Krishna (as Mohini) marries him. In South India, hijras claim Aravan as their progenitor and call themselves aravanis.

Each year in Tamil Nadu, during April and May, hijras celebrate an eighteen-day religious festival at a temple located in the village Koovagam in the Ulundurpet taluk in Villupuram district. The temple is devoted to the deity Koothandavar, who is identified with Aravan. During the festival, the hijras reenact the wedding of Lord Krishna and Lord Aravan, followed by Aravan's subsequent sacrifice. They then mourn Aravan's death through ritualistic dances and by breaking their bangles. An annual beauty pageant is also held, as well as various health and HIV/AIDS focused seminars. Hijras from all over the country travel to this festival. BBC Three documentary India's Ladyboys as well as the National Geographic Channel television series Taboo depict personal experiences of hijras attending this festival.

In Islam

There is evidence that Indian hijras identifying as Muslim also incorporate aspects of Hinduism. Still, despite this syncretism, Gayatri Reddy notes that hijra do not practice Islam differently from other Muslims and argues that their syncretism does not make them any less Muslim. Reddy also documents an example of how this syncretism manifests: in Hyderabad, India, a group of Muslim converts were circumcised, something seen as the quintessential marker of male Muslim identity.

In films and literature

India

Hijras have been portrayed on screen in Indian cinema since its inception, historically as comic relief. A notable turning point occurred in 1974 when real hijras appeared during a song-and-dance sequence in Kunwaara Baap ("The Unmarried Father"). The Hindi movie Amar Akbar Anthony (1977) features hijras who accompany one of the heroes, Akbar (Rishi Kapoor), in a song entitled "Tayyab Ali Pyar Ka Dushman" ("Tayyab Ali, the Enemy of Love").

  • In Soorma Bhopali (1988), Jagdeep encounters a troupe of hijra on his arrival in Bombay. The leader of this pack is also played by Jagdeep himself.
  • One of the main characters in Khushwant Singh's novel Delhi (1990), Bhagmati, is a hijra. She makes a living as a semi-prostitute and is wanted in the diplomatic circles of the city.
  • One of the first sympathetic hijra portrayals was in Mani Ratnam's Bombay (1995). 1997's Tamanna starred male actor Paresh Rawal in a central role as "Tiku", a hijra who raises a young orphan. Pooja Bhatt produced and also starred in the movie, with her father Mahesh Bhatt co-writing and directing.
  • The 1997 Hindi film Darmiyaan: In Between, directed & co-written by Kalpana Lajmi, is based on the subject of hijras, with a fictitious story of an actress bearing a son that turns out to be neuter.
  • Kishor Shatabai Kale's novel, Hijara Ek Mard [Eunuch, A Man], was adapted for the stage in 1998. The play was titled Andharyatra.
  • In the 2000 Tamil film Appu, directed by Vasanth and a remake of the Hindi film Sadak, the antagonist is a brothel-owning hijra played by Prakash Raj. (In Sadak, the brothel-owning character was played by Sadashiv Amrapurkar under the name "Maharani".)
  • In Anil Kapoor's Nayak (2001), Johnny Lever, who plays the role of the hero's assistant, gets beaten up by hijras, when he is caught calling them "hijra" (he is in habit of calling almost everyone who bothers him by this pejorative and no one cares much, except this once ironically, as the addressees are literally what he is calling them.)
  • There is a brief appearance of hijras in the 2004 Gurinder Chadha film Bride & Prejudice, singing to a bride-to-be in the marketplace.
  • Deepa Mehta's controversial film Water (2005) features the hijra character "Gulabi" (played by Raghubir Yadav), who has taken to introducing the downtrodden, outcast widows of Varanasi to prostitution.
  • Vijay TV's Ippadikku Rose (2008), a Tamil show conducted by postgraduate educated transgender woman Rose, was a very successful program that discussed various issues faced by youth in Tamil Nadu, where she also gave her own experiences.
  • In addition to numerous other themes, the 2008 movie Welcome to Sajjanpur by Shyam Benegal explores the role of hijras in Indian society.
  • Jogwa, a 2009 Marathi film, depicts the story of a man forced to be hijra under certain circumstances. The movie has received several accolades.
  • The 2011 film Queens! Destiny of Dance tells the story of an upmarket hijra community that is headed by their queen, Guru Amma, played by actress Seema Biswas.
  • The 2011 comedy-horror Kanchana features an unemployed man who is possessed by a transgender woman seeking revenge against her murderers.
  • The 2020 comedy-horror Laxmii, based on Kanchana, features the actor Akshay Kumar, a cisgender man who usually plays hypermasculine roles, in the role of a Muslim man who begins crossdressing because he is possessed by the ghost of a transgender woman.

Malayalam

In the Malayalam movie Ardhanaari, released on 23 November 2012, director Santhosh Sowparnika tries to depict the life of a transgender person. Manoj K Jayan, Thilakan, Sukumari and Maniyanpilla Raju perform leading roles.

Njan Marykutty is another Malayalam film about the troubles and challenges of a trans woman in Kerala.

Tamil

Vaadamalli by novelist Su. Samuthiram is the first Tamil novel about the Aravaani community in Tamil Nadu, published in 1994.

Transgender activist A. Revathi became the first hijra to write about transgender issues and gender politics in Tamil. Her works have been translated into more than eight languages and act as primary resources on gender studies in Asia. Her book is part of a research project for more than 100 universities. She is the author of Unarvum Uruvamum (Feeling and Form), the first of its kind in English from a member of the hijra community. She acted and directed stage plays on gender and sexuality issues in Tamil and Kannada. The Truth about Me: A Hijra Life Story is part of the syllabus for final year students of The American College in Madurai.

"Naan Saravanan Alla" (2007) and Vidya's I Am Vidya (2008) were the first autobiographies of trans women.

Pakistan

The 1992 film Immaculate Conception by Jamil Dehlavi is based upon the culture-clash between a western Jewish couple seeking fertility at a Karachi shrine known to be blessed by a Sufi fakir called 'Gulab Shah' and the group of Pakistani eunuchs who guard it.

Murad (English: desire, but the film's English title was Eunuch's Motherhood), was an award-winning biographical telefilm drama made by Evergreen Media Europe for Pakistan's television channel Indus TV that aired in 2003. It featured some of the country's top male television actors—Sohail Asghar, Nabeel, Qazi Wajid, and Kamran Jilani playing the roles of hijras. It was directed by Kamran Qureshi, written by Zafar Mairaj and produced by Iram Qureshi. It won both Best TeleFilm and Best Director awards at 2003 Indus Telefilm Festival.[89][90] The story revolves around Saima, a transgender woman, who adopts a child named Murad. For the first time, influential male actors showed their support for hijra rights during interviews, pointing out that in Pakistani English at that time eunuch was the term to describe a transgender person, and khwaja sara had not yet replaced what is now considered a derogatory term due to decades of heckling and name calling.

In 2004, Kamran Qureshi directed Moorat (English: effigy but released in English under the title Eunuch's Wedding. It a 33-episode series produced by Humayun Saeed and Abdullah Kadwani with more than a dozen cast members. It was nominated for Best Drama Serial, Abid Ali for Best Actor, and Maria Wasti for Best Actress at the Lux Style Awards 2005. The show was credited with making people understand the pain and abuse that hijra constantly endure when people make fun of the way they look or dress. The story involves a young lady who is engaged to be married. It turns out her husband is transgender. The story unfolds the trans community and their deprived and isolated world. It portrays eloquently how they, too, are not far away from human emotions and feelings and their world is not much different from the heterosexual community. Even though they are in plain sight, they are taboo subjects and are not taken seriously. This makes them suffer endlessly in silence wrapped in slurs. The 33-episode series therefore touches on transgender abuse, abuse against women, poverty, the immorality of arranged marriages and child abuse.

Bol (Urdu: بول meaning Speak), is a 2011 Urdu-language Pakistani social drama film. It concerns a patriarch, Hakim, who is a misogynist, a domestic abuser, a bigot and a zealot who forces religion on his family. They face financial difficulties due to Hakim wanting a son. He rejects his transgender daughter, Saifi, as he wanted an heir and she identifies as a girl. Saifi is deeply loved by the rest of her family. As she grows up, men want to take advantage of her and she does not understand at first. However, her oldest sister intervenes and teaches Saifi about what kind of touching is inappropriate. As Saifi grows older, she is not allowed to leave the house. She finds her sister's dresses compelling and tries them on, revealing her gender identity. A neighbour played by famous South Asian singer Atif Aslam, who is in love with one of the sisters, gets Saifi a job at a place where they paint trucks, with the blessing of Saifi's sisters and mother. Saifi dresses like a boy; however, other boys sense her lack of self-esteem and eventually gang-rape her. She is saved when another transgender person, played by Almas Bobby (a transgender actor), finds her and takes her home. Hakim overhears Saifi telling her mother and Zainab what happened. When everybody is asleep, Hakim locks the room and suffocates his child for luring the men for the "shame" he would have to bear if the story got out. It received several positive reviews from critics and went on to win the Best Hindi film award in IRDS Film awards 2011 by Institute for Research and Documentation in Social Sciences (IRDS).

Outside the Indian subcontinent

In the graphic novel Habibi by Craig Thompson, the protagonist, Zam, is adopted by a group of hijras.

In the TV comedy Outsourced (2011), a hijra is hired by Charlie as a stripper for Rajiv's "bachelor party", much to Rajiv's utter horror.

The novel The Ministry of Utmost Happiness by Arundhati Roy features a storyline involving a hijra character named Anjum.

Hijras feature prominently in John Irving's 1994 novel A Son of the Circus.

In the 2004 film 'Bride and Prejudice', directed by Gurinder Chadha, a group of hijras make an appearance during the 'A Marriage Has Come to Town' number, in which they dance and sing the following lyrics: "Who can tell you more about Yin & Yang?/Sharing one spirit between woman and man/Marriage is the path taken by he and she/May your new life be kissed by harmony."

Documentaries

  • Middle Sexes (HBO documentary, includes segment on modern hijra) (2005)
  • Shabnam Mausi (2005) based on the life of politician Shabnam Mausi.


Human rights in Bangladesh

From Wikipedia, the free encyclopedia
 
Human rights in Bangladesh are enshrined as fundamental rights in Part III of the Constitution of Bangladesh. However, constitutional and legal experts believe many of the country's laws require reform to enforce fundamental rights and reflect democratic values of the 21st century.

In 2022, Freedom House rated Bangladesh’s human rights at 37 out 100 (partly free).

Overview

Reforms were proposed in 2017 and included strengthening parliamentary supremacy, judicial independence, the separation of powers, repealing laws which restrain freedom of the press and disbanding security agencies which violate civil liberties.

Even though Bangladesh has Islam as its state religion and has constitutional references to Hindus, Christians and Buddhists, the political system is modeled as a secular democracy. Governments have generally respected freedom of religion, a cornerstone of the Bangladeshi constitution. However, the police have been slow in responding to and investigating attacks against minorities, opposition activists & supporters and purportedly brutally suppress lawful protest against the government. According to Human Right Watch, around five hundred people have been disappeared since last ten years. In southeastern Bangladesh, the Chittagong Hill Tracts remains a militarized region due to a historical insurgency. Tribal people in Bangladesh have demanded constitutional recognition.

According to Dr. Mizanur Rahman, the former chairman of the National Human Rights Commission, 70% of allegations of human rights violations are against law enforcement agencies (2015). Torture and enforced disappearances are rampantly employed by Bangladeshi security forces. In recent years, free speech and media freedom have been repressed by the government through laws regulating newspapers, TV channels and the internet. Elected MPs in parliament lack voting freedoms. The future of elections is a concern among the population, with opposition parties alleging free and fair elections are not possible under the incumbent government. Local government elections in 2015 were marred by widespread allegations of vote rigging.

According to Professor M Nazrul Islam Tamiji, the chairman of National Human Rights Society Bangladesh, we can ensure human rights through the speed of liberation war 1971.

Capital punishment remains legal in Bangladesh. Worker's rights are effected by a ban on trade unions in special economic zones. The government has often targeted trade union leaders for persecution. The people have the right to enjoy their own culture, to profess and practice and practise their own religion, and to use their own language in both private and publics spheres (Article 2 (1))

Citizenship and minority rights

Non-Bengalis

Non-Bengali minorities are often culturally and politically discriminated in the country. Article 23A of the constitution goes on to describe minorities as "tribes" and "minor races", notably the Chakmas, Biharis, Garos, Santhals, Marmas, Manipuris, Tripuris, Tanchangyas, Bawms. Article 6 of the constitution, which proclaims "the people of Bangladesh shall be known as Bangalees as a nation", was criticized for discrimination against the country's significant non-Bengali population. Chakma politician Manabendra Narayan Larma addressed it during proceedings of the constituent assembly of Bangladesh in 1972, famously proclaimed that "Under no definition or logic can a Chakma be a Bengali or a Bengali be a Chakma....As citizens of Bangladesh, we are all Bangladeshis, but we also have a separate ethnic identity, which unfortunately the Awami League leaders do not want to understand".

Refugees

The substantial Bihari population also complain of discrimination. In 2008, the Dhaka High Court granted citizenship to the stateless Stranded Pakistani community.

Bangladesh has been criticized for the poor living conditions in which over Rohingya refugees from Myanmar are kept in the country's southeast. There was international outcry after the army and government planned to relocate refugee camps to a remote island in the Bay of Bengal. There were an estimated 22,000 registered refugees and over 100,000 unregistered refugees until 2016. Following the 2016-present Rakhine State crackdown, 1.5 million refugees entered Bangladesh from Myanmar.

Bangladesh has not signed the 1951 Convention Relating to the Status of Refugees.

Persecution of non-Muslims

List of massacre targeted at Hindus and Buddhists minorities, mainly by radical Islamists:

Persecution of minority Muslims

Different denominational minority Muslim groups are often targeted by the dominant Sunnis for sectarian violence, such as Ahmadiyya and Shia community of the country. In 2004, the Government of Bangladesh banned all religious texts of the Ahmadiyya community. In 2015, a Shi'ite Ashura gathering was bombed.

Labour rights

The constitution's proclamation of a People's republic and socialism in its preamble and Article 10 are at odds with Bangladesh's current free market economy system, entrepreneurial class, diverse corporate sector and owners of private property. Six general elections were won by pro-market political parties, while four elections were won by left-wing parties.

Bangladesh ranked 128th out of 178 countries in the 2017 Index of Economic Freedom.

In spite of Article 38 calling for freedom of association, trade union leaders from the textile industry often face arbitrary arrests and politically motivated lawsuits. Forming trade unions is banned in export processing zones (EPZs), but the government has pledged to remove the ban.

Forced labours

Forced labor is prohibited under Article 34, but Bangladesh has significant challenges of human trafficking and modern slavery. Child labour is common in the country, with 4.7 million children aged 5 to 14 in the work force. 93% of child labourers are employed in the informal sector such as small factories and workshops, on the street, in home-based businesses and domestic employment. In 2006, Bangladesh passed a Labor Law setting the minimum legal age for employment as 14.

Freedom of speech

Free speech is enshrined under Article 39. During the 1990s and first decade and a half of the 21st century, the Bangladeshi media enjoyed more freedom than at any other time in history. However, since the 2014 election in which the incumbent Awami League won a boycotted election, the freedom of the press has dramatically declined. The ruling party has targeted the country's two leading newspapers The Daily Star and Prothom Alo with numerous lawsuits and has encouraged businesses to stop advertising in them. Pro-opposition journalists Mahmudur Rahman and Shafik Rehman were detained for prolonged periods. Nurul Kabir, editor of the New Age, has faced threats to personal life. Mahfuz Anam, editor of The Daily Star, has faced 83 lawsuits since 2016. Reporters without Borders ranked Bangladesh at 146th out of 180 countries in its index of press freedom.

According to Amnesty International, independent media outlets and journalists have come under severe pressure by the government. Several journalists faced arbitrary criminal charges, often for publishing criticism of Prime Minister Sheikh Hasina, her family or the Awami League Government. Journalists reported increased threats from governmental officials or security agencies. The government continued to use a range of repressive laws to restrict the right to freedom of expression extensively. It increasingly used the Information and Communications Technology Act which arbitrarily restricted online expression. The human rights organization Odhikar reported increased arrests under the Act. Journalists, activists, and others were targeted. Dilip Roy, a student activist, was detained for criticizing the Prime Minister on Facebook, but later released on bail. Parliament adopted the Foreign Donations (Voluntary Activities) Regulation Act which significantly increased government control over the work of NGOs and threatened them with deregistration for making “inimical” or “derogatory” remarks against the Constitution or constitutional bodies. Several other bills that threatened freedom of expression were proposed in parliament, including the Digital Security Act and the Liberation War Denial Crimes Act.

The government has also been slow to investigate attacks on secularists in Bangladesh.

On 20 June 2020, a 15-year-old child was arrested by Bangladeshi authority for criticizing Prime Minister Sheikh Hasina Wazed in a Facebook post. The child was arrested under Digital Security Act. He was sent to a juvenile detention center. Human Rights Watch urged the Bangladeshi government to order their police force not to arrest people for criticizing the government and release all children held in juvenile detention facilities and prisons for petty crimes. According to Human Rights Watch, Bangladeshi authorities are perpetually detaining journalist, activist and government's critics under misuse of Digital Security Act. People are being detained for posting social media comments against the ruling party. HRW urged the authority to release detainees who were held under DSA for criticizing the government.

Article 11 proclaims that "the Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed". The government enacted the anti-torture law, called Torture and Custodial Death (Prevention) Act, in 2013. However, torture is widely used by Bangladeshi security forces, including the police, paramilitary and military. In 2017, the police asked the prime minister to scrap the anti-torture law.

Although there is general freedom of assembly in Bangladesh, the political opposition is often restricted from holding public meetings and rallies by the government.

On 3 January 2019, Human Rights Watch called for an investigation on attack on members of the opposition party on and before Bangladesh elections.

Democracy

Elections

In 2011, the Awami League-led parliament abolished the caretaker government of Bangladesh, which was intended to act as a neutral guarantor during general elections. The opposition Bangladesh Nationalist Party maintains that free and fair elections are not possible under the incumbent Awami League government, particularly after the League amended the constitution to have a sitting parliament while elections take place, in contradiction of Westminster norms.

In 2015, local government elections were marred by allegations of vote rigging and intimidation of voters and the media. Opposition parties have demanded a neutral interim government during the election period. In response, the government has proposed to restrict its political activities while organizing and holding elections.

Free votes

Parliament is not allowed to have free votes due to Article 70
 

Article 70 of the Constitution of Bangladesh is described as one of the most significant constraints on Bangladesh's democracy. The article restricts free votes in parliament. This means MPs have no voting freedom. According to the article, MPs will lose their seats if they vote against their party. Critics have argued the article tramples free speech in parliament itself. As a result, parliament has been termed a rubber stamp and a lame duck.

Emergency powers

Part IXA of the constitution concerns a state of emergency. Emergency powers were increased in the second amendment. Three emergency periods have been declared in Bangladesh's history, including in 1973, 1990 and 2007. Article 141 (B) and Article 141 (C) allows for the suspension of fundamental rights during an emergency period. The articles have been strongly criticized. In January 2007, when the 2006-2008 Bangladeshi political crisis saw a declaration of emergency rule, the New Age stated in an editorial "...by declaring a state of emergency to undo his mistakes, it is once again the people that the president is hurting by suspending their fundamental democratic rights. The citizens are not at fault for the existing political situation and therefore should not be punished for the failures of the caretaker government and the political parties. The president, therefore, should immediately restore the fundamental rights of the citizens."

Law and justice

Extrajudicial killings

Members of the Rapid Action Battalion

Article 32 proclaims "no person shall be deprived of life or personal liberty save in accordance with law". In reality, Bangladesh has a number of extrajudicial killings and enforced disappearances each year. The Rapid Action Battalion is accused of being the leading perpetrator of such human rights abuses, followed by the Bangladesh Police, the Directorate General of Forces Intelligence and the Bangladesh Army.

Capital punishment

Capital punishment remains legal in Bangladesh. There has been three executions in the country in 2015, and one in 2016 (as of July 5, 2016). It can theoretically be applied to anyone over the age of 16, but in practice is not applied to those under 18.

The death penalty may be used as a punishment for crimes such as murder, sedition, offences related to possession of or trafficking in drugs, offences related to trafficking in human beings, treason, espionage, military crimes, rape, hijacking planes, sabotage, or terrorism. It is carried out by hanging and firing squad; authorities usually use only hanging.

Bangladesh is not a state party to the Second Optional Protocol to the International Covenant on Civil and Political Rights on abolishing the death penalty.

Bangladesh's Law Minister Anisul Huq proposed a law on behalf of the government under which the highest form of punishment would be imposed on those accused of rape. The decision followed public outrage over the video of a woman circulated online showing a group of men sexually assaulting her. It was later found that the girl was also repeatedly gang raped by the same men.

Women rights

The United Nations country team in Bangladesh has identified "marital instability" as the key cause of poverty and "ultra and extreme" poverty among female-headed households. The Bangladesh Planning Commission has said that women are more susceptible to becoming poor after losing a male earning family member due to abandonment or divorce. Women in Bangladesh are especially vulnerable to a form of domestic violence known as acid throwing, in which concentrated acid is thrown onto an individual (usually at the face) with the aims of extreme disfiguration and social isolation. In Bangladesh, women are discriminately targeted: according to one study, from 1999 to 2009, 68% of acid attack survivors were women/girls.

In 2010, a law against domestic violence was introduced, which defines causing "economic loss" as an act of domestic violence and recognises the right to live in the marital home. The law also empowers courts to provide temporary maintenance to survivors of domestic violence. In 2012, the Law Commission of Bangladesh, supported by the Ministry of Law, Justice and Parliamentary Affairs, completed nationwide research into reforms for Muslim, Hindu, and Christian personal laws. In May 2012, the cabinet approved a bill for optional registration of Hindu marriages. The Ministry of Law, Justice and Parliamentary Affairs is also considering reforms to civil court procedures—especially on issuance of summons that will improve family court efficiency.

Bangladesh has a high rate of early marriages. The government had vowed to end marriage of children younger than 15 by 2021. But in February 2017, a law was passed that permits girls less than 18 years of age to marry under “special circumstances,” such as “accidental” or “illegal pregnancy,” with permission from their parents and court.

LGBT rights

In 2014, the Bangladeshi government officially recognized hijras as a third gender.

The British Raj-era penal code remains in force in Bangladesh. Section 377 of the code criminalizes homosexuality. In 2016, Terrorist groups claimed responsibility for the murders of Bangladesh's first LGBTQ magazine editor Xulhaz Mannan and his partner Tanay Majumdar.

Corruption

In 2017, Bangladesh scored a 28 out of 100 (0 being highly corrupt and 100 being clean), in the “Corruption Perceptions Index” by Transparency International, and ranked the 143rd most corrupt out of 180 nations. In 2016, they scored 16, and in 2015 they scored a 25.

The Anti Corruption Commission was founded in 2004 in hopes of relieving some corruption in Bangladesh, but was ineffective. After the Bangladesh Nationalist Party lost power in 2006 after their term ended, the corruption in Bangladesh continued to worsen due to poor governance until 2008 when the caretaker government stepped in to resolve some of the issues present. In 2018, corruption can be found in hospitals, laboratories, and pharmacies in the form of bribery. In 2018 alone, it is estimated that 10,688 TK has been treated through bribery. Over 66% of homes claimed to be victims of corruption in the service industries. Corruption is also found in law enforcement, where over 72% of homes claimed to be victims of corruption in regards to law enforcement. Those who fell victim to corruption found that the most commonly corrupt officials were in law enforcement and passport offices, needing bribes in order to have your claims processed. In addition to bribery, corruption also exists in the forms of lobbying, in the gas industry, in education, water supply, electricity industries, and in many other major industries. Bribery is an underlying theme, linking the problems together. Slave labor is also quite common in Bangladesh, with over 1.5 million people being forced into labor, directly breaking the prohibition on forced labor. 85% of the slaves are male, and 15% are female, making Bangladesh rank 4th in terms of slave count in the world, only being topped by India, China and Pakistan. Most men work in labor industries like farming or construction, while many women and young girls are enslaved in brothels. Linking back in to bribery, brothel owners have been found to bribe the police to convince them that the children are at least 18, the legal age to work as a sex worker in Bangladesh. These women and girls make very little money, as the brothel owners keep most of the profits. Less than 10% of sex workers in Bangladesh have entered the field on their own will, as most of them have been sold or forced into slavery, having to pay off their debts to their owners before becoming free.

Operator (computer programming)

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