Introduction International Law Norms

Introduction International

Law Norms

Violence against women both violates and impairs or nullifies

the enjoyment by women of their human rights and

fundamental freedoms... In all societies, to a greater or lesser

degree, women and girls are subjected to physical, sexual and

psychological abuse that cuts across lines of income, class and

culture.

—Beijing Declaration and Platform for Action, paragraph 112

A country's true greatness cannot only be measured by its success in

finance, medicine or technology, but by its success in securing human rights

and dignity. A nation is not truly developed if it is unable to secure the rights

of its people. Throughout time, groups of different people have been targeted

and victimized because of their differences. One could look at a nation's

history to determine how long a nation allowed certain injustices to persist,

why it persisted and what was the impetus for change.

Change is usually the result of impending financial crisis, civil

revolution, or global pressure. The threat of secession between the Union of

the United States of

America and the confederates resulted in the freedom of slaves, the civil

disobedience of Indians, Pakistanis and Bengalis ousted the British

government from South Asia and international scrutiny and criticism crushed

Apartheid in South Africa. Interestingly, there is one group that has been

habitually victimized, women. Historically, women all over the world have

been victims of unequal treatment based solely on their gender. This unequal

treatment has been a common phenomenon in the history of various

countries. While it is common, unequal treatment often leads to violence

towards groups of people.

For women, these types of violence have been coined the term “gender-

based violence.” Gender-based violence, according to the UN General

Assembly, is violence, which causes “physical, sexual, or psychological

harm or suffering to women, including threats of such acts, coercion or

arbitrary deprivations of liberty, whether occurring in public or private life.”

In October 2006 at the 51st session of the General Assembly, it was

concluded that “violence against women is one of the most widespread and

gross violation of human rights.” Despite international law pressuring nation

states to be accountable, nation states have wide ranging cultural differences

and their own way of resolving issues. According to Ku and Diehl,

international law advances values, such as the protection of individual rights.

This intervention in the protection of human rights is challenged by

traditional notions of state sovereignty. State sovereignty often limits the

ability of other states and international organizations to intervene in state

affairs. This concept of sovereignty dissipates when states collaborate and

ratify international treaties and declarations which protect women from acts

of violence. Countries such as Bangladesh and Pakistan have agreed to

several of these international laws and declarations which would protect

women from violence. While these acts of violence are legally and morally

viewed as crimes against humanity, it is difficult for these countries to

implement international law because regional and state law has for so long

followed traditional norms of patriarchal power in the public and the private

sector.

Research Argument and Hypothesis

I argue that implementing international law at the state and domestic

level is hindered by traditional gender norms. The focus of this research is to

provide evidence of this practice by concentrating on one specific type of

gender-based violence in Bangladesh and Pakistan: domestic violence.

Domestic violence is one form of abuse which consists of various forms of

gender-based violence, physical, sexual, and psychological abuse within

family, child sexual abuse, dowry related violence, marital rape, female

genital mutilation, rape and sexual abuse, and even trafficking. This wide

range of gender-based violence can be categorized under the term domestic

violence, making the term interchangeable.

This topic is important because victims of domestic violence do not

receive legal, emotional or physical aid. This inadequacy is due to the

cultural views of the society which negatively impacts the implementation of

international law regarding gender-based violence. Although nation states

are required to provide victims of domestic violence with aid and implement

the international laws in their regions, this belief is not recognized

throughout certain groups of people. International law can only be

implemented if the country, as a whole, holds the same beliefs concerning

gender roles in the society. The lack of recognition of victims of domestic

violence politically and socially shows the absence of support that women

receive.

Why is this topic important?

Gender-based violence, specifically domestic violence, results from

unequal power relations within families, communities, and states.

International communities are dedicated to preventing and eliminating

gender-based violence however, states themselves are impacted by

traditional gender norms. States have unenforceable laws for violence

against women. There are also issues such as law enforcement agents who

violate women, lack of prevention and treatment of women who are exposed

to violence and the sanctioning and reinforcement of unequal gender

relations. The reason I chose Bangladesh and Pakistan is because these two

countries have a geographic and cultural similarity, yet each has various

methods of dealing with domestic violence. It is critical for governments to

implement international law regarding domestic violence because doing so

will allow these countries to fully operate domestic violence not only causes

personal issues for the victims themselves, but also threatens the

development of a country.6 In most developing and underdeveloped

countries women are the major workforce, carrying out the most productive

labor, and the direct and indirect costs of

GBV, or domestic violence, leads to nations’ productivity to be threatened.

My paper argues that countries such as Pakistan and Bangladesh should

implement international law in the state and local system regarding domestic

violence. This would become beneficial for the country as a whole.

What is gender?

Sex is different from gender, which refers to the biological differences

between males and females rather than the socio-cultural differences.

UN Women states that relationships, attributes and opportunities are

socially constructed, creating the definition of gender, thereby creating the

roles of men and women in society. The role of women in society is

conditioned by traditional and cultural norms. Gender roles in the private

sphere impact the public sphere. According to Habermas, the public sphere

is a critical process of public communication, which leads to democratization

of major institutions. However, one criticism of Habermas would be that the

public sphere where democracy is attained is often only open to males. This

leads to the exclusion of the private sphere, which is female oriented. Since

the public and private sphere is male dominated, various forms of gender

violations go unnoticed as discriminatory or as challenges to human dignity.

Charlotte Bunch states that nation states neglect women’s experiences and

views from the public sphere. The divide between the public and the private

sphere allows the government to “clean its hands of any responsibility for the

state of the private world and depoliticize the disadvantages that women

face.” While the public sphere is considered to be where there is political

authority and contestation, the private realm is associated with family and

home, which separates it from political authority and regulation.

The private sphere for women is the institution of the family. Women

play a critical role in the welfare of the family, with various aspects of it,

such as maternity, motherhood, and upbringing of the child. These various

roles often go unrecognized.

Political authority is understood as the government’s duty to be accountable

to all its citizens, but in a traditional private realm the patriarch of the family

exercises sovereign power over the household. A woman's role within the

household depends on her social and economic status, her access to

education, health care, right to own property and job opportunities. If she

lacks a role in the public sphere, then men will be able to have more

influence over decision-making and policy formation within the private

sphere. This lack of recognition of her role, according to Sally Engle Merry

is a “major cause of the feminization of poverty and other social problems

disproportionately affecting women and girls.” Women's lack of influence in

the public and the private sphere often leads to social problems such as

gender-based violence.

What is Gender-based Violence?

While violence against women is considered as the “the most

pervasive yet least recognized human rights abuse in the world,” it is still a

global epidemic.17 Gender-based violence “reflects and reinforces

inequalities between men and women and compromises the health, dignity,

security and autonomy of its victims.” The traditional aspects of masculinity

has changed from employment, land ownership, bride price, to alcohol and

drug abuse, perpetrating violence against women, and other forms of abuse,

such as trafficking in persons. According to the UN Population Fund, every

one in three women has been beaten, coerced into sex, or abused in some

way, most likely by someone she knows. Gender-based Violence (GBV) is

any act or threat of harm inflicted on an individual because of their gender.

GBV encompasses sexual violence, marital violence, forced early marriage,

sexual harassment, sexual exploitation, and more. These forms of violence

result in physical, sexual, and psychological suffering, depriving women of

freedom and liberty. According to USAID gender violence is “embedded in

the context of cultural, socio-economic and political power relations...

[which] reduce women to economic and emotional dependency, the property

of some male protector.” Societies organized around gendered, hierarchical

power relations give legitimacy to violence against women.” Although men

are often affected by violence, violence against women is extremely

different. Violence against men occurs in streets, brawls, where men are

attacked and killed by stranger or acquaintances. However women are

subjected to violence at home and outside.

There are various debates concerning the forms of violence that are

considered gender-based violence. The G-77 suggests that GBV is, “rape,

sexual abuse and exploitation, violence deriving from cultural prejudices…

violence resulting from racism or racial discrimination, xenophobia,

pornography, ethnic cleansing…and terrorism.” While the Holy See states

that GBV is “prostitution, pornography, trafficking, sexual and other types of

exploitation.” The last definition combines both definitions by stating

that gender-based violence is:

Battering and other types of violence, sexual violence, sexual

slavery and exploitation, international trafficking in women and

children, forced prostitution and sexual harassment, as well as

violence resulting from cultural prejudice, racism, and racial

discrimination, xenophobia, pornography, ethnic cleansing,

armed conflict, foreign occupation, religion and anti-religious

extremism and terrorism are incompatible with the dignity and

worth of the human person and must be combated and

eliminated.

These definitions however only deal with the physical aspect of violence,

disregarding the emotional/psychological aspects, non-contact forms or even

the threats of violence. This paper will adopt the definition created by the

Inter-American Convention on the Prevention, Punishment, and Eradication

of Violence against women, which was adopted in June 1994. This definition

states that:

...violence against women shall be understood as any act or

conduct, based on gender, which causes death or physical,

sexual or psychological harm or suffering to women, whether in

the private or the public sphere... these types of violence is any

A. that occurs within the family or domestic unit or within

any other interpersonal relationship, whether or not the

perpetrator shares or has the same residence with the women,

including, among others, rape, battery, and sexual abuse.

B. that occurs in the community and is perpetrated by any

person, including among other, rape, sexual abuse, torture,

trafficking in persons, forced prostitution, kidnapping, and

sexual harassment in the workplace, as well as in educational

institutions, health facilities, or any other place; and

C. that is perpetuated or condoned by the state or its agents

regardless of where it occurs.

All of these various definitions explore different aspects of violence,

acknowledging the impact that non-physical forms of violence have on

women. These

types of violence occur in four different levels: domestic, societal, national

and international. The type of gender-based violence, which occurs at the

domestic level, is physical violence, mental abuse, economic abuse and

marital rape. Domestic violence against women contravenes human rights

because it affects the victim’s physical and mental ability to perform in

society. Economic abuse deprives a woman of economic control, which

allows her financial benefits to be controlled and used by men. While the

types of violence in the community level are different, girls still face sexual

harassment, acid attacks, violence at school and the workplace. This prevents

women from reaching their fullest potential in society due to fear of

violence. Also violence changes due to modernization and globalization

resulting in violence at the international level such as trafficking of women

and girls. Domestic violence occurs at the state level because the state

condones it and does not implement laws to end impunity of the perpetrators.

What is International Law?

In order to understand how international law is implemented, it is

necessary to understand international law. International law is a primary tool

used by international organizations, nongovernmental organizations, state

agencies, and even individuals to support international relations and politics.

According to Charlotte Ku, international law provides a framework for the

international system to operate effectively. Cornell

University Law School defines international law as:

Law which consists of rules and principles governing the relations and

dealings of nations with each other, though recently, the scope of

international law has been redefined to include relations between

states and individuals, and relations between international

organizations.

The primary sources of international law are written conventional

international law and customary law. Conventional international law derives

from international agreements. These agreements create law for the nation

states who have ratified them and these states are only ones who are bound

by it. International treaties include: Multilateral treaties, international

declarations, resolutions, and recommendations, which have been adopted by

the United Nations or by other international organizations. It also consists of

the decisions and actions taken by UN organs or other international bodies

such as Security Council resolutions, General Assembly resolutions, and UN

Commission on Human Rights resolutions and other actions.

Customary law occurs when states follow certain common norms and

practices out of a sense of legal obligation. Article 38.7 of the International

Court of Justice states that customary international law is a generally agreed

law, which is demonstrated by states conforming to an alleged rule because

they believe that they are under a normative obligation to comply with that

law. It is important to note that customary international law is binding upon

all nations, without regards to whether or not they have expressed consent.

Customary and conventional law works together to regulate state behavior.

Although the international community does not have an international

legislature which directly binds all countries, states tend to establish legally

binding obligations amongst themselves. It is critical to note that

international law is also viewed as a source which advances particular

values, such as the protection of individual rights.

A critical branch of international law which has grown over the years

is the international human rights law. International human rights law consists

of legal principles and institutional arrangements which are designed to

protect certain groups of human beings. The major foundation behind this

law is the Declaration of International Rights of Man which was adopted in

1929. This declaration states that nation states must recognize all individuals

without distinction of nationality, sex, race, language and religion. All

individuals should also have the right to life, liberty, and prosperity. This

thesis will focus on the role of international law in protecting women from

gender-based violence. The enforcement of international law will be

perceived using two theoretical

perspectives, liberal legal theory and cultural relativism.

Liberal theory regarding international law states that democratic

states, or rather countries with representative governments, are more likely

to accept laws and regulations presented to them by the international

community. Since Bangladesh and Pakistan are both democratic countries

this theory would imply that international laws would be accepted by not

only the government but also the people themselves. However, liberal

theorists also states implementation of international law depends on the

nation states’ domestic politics and the internal push within the nation state

to accept and implement

the "rule of law". Regardless of the importance that international human

rights law has, there are many who oppose the international norms regarding

GBV using cultural relativism theory as an argument.

Cultural relativists state that cultural differences should be recognized

in thought, value and action. It also goes a step further because it states that

this is how judgments and evaluations should be made. Cultural relativism

began to take root in the 19th century to go against racist Eurocentric notions

of progress and what many know as the

White Man’s burden. John Tilley stresses that it is critical to understand that

cultural relativism is not a test for moral validity and does not identify valid

moral judgments. Many use the cultural relativism argument to state that

various cultures should maintain their own specific cultural values without

international legislations controlling their actions. An apparent concern for

these countries is that the United Nations Declaration of

Human Rights and other similar human rights documents reflect an

ethnocentric bias.36 This causes a dilemma for many of the international

organizations who promote implementation of international legal documents,

however, doing so might often be perceived as ethnocentric and disrespectful

of other’s cultural and traditional practices.

International law and gender-based

violence The UN describes gender-based

abuse as:

Violence which affects the lives of millions of women

worldwide, in all socio-economic and educational classes. It

cuts across cultural and religious barriers, impeding the right to

women to participate fully in society… Secretary General

Boutros Ghali states that the violence against women is a

universal problem that must be universally condemned. The

Beijing Platform for Action states that ‘violence against women

constitutes a violation of basic human rights and is an obstacle

to the achievement of equality, development and peace.’

The large amount of female-targeted violence worldwide led to the

acknowledgement of gender-based violence in December 1993, when the

UN General Assembly adopted the Declaration on the Elimination of

Violence against Women. This declaration was a step forward to recognizing

and acknowledging the devastating results of gender violence. Before this

declaration violence towards women was considered private and between

individuals, something that a government has no right to intervene in.

The primary international legal documents which protect victims of gender-

based violence are:

1. The Universal Declaration of Human Rights

2. The International Covenant on Economic, Social and Cultural

Rights

3. The international Covenant on Civil and Political Rights

4. The Convention on the Rights of the Child

5. The Convention on the Elimination of all forms of Discrimination

against

Women (CEDAW)

6. Optional Protocol on the on the Elimination of all forms of

Discrimination against Women

While these international documents are created to recognize and

acknowledge women, governments are organized around gendered,

hierarchical power a relation, which then gives legitimacy to violence

against women. Traditional biases create disadvantages because it makes it

hard for women to organize and articulate a voice which will be heard. If the

marginalized group does not have a voice, any complaint or claim they make

will be denied legitimacy. These traditional biases influence laws at the state

level, causing the lack of compliance of international law concerning gender-

based violence.

The traditional norms create a feeling of shame amongst many

victims. They cloak the acts of violence in shame and therefore these acts

become hidden in secrecy. The perpetrators are allowed to continue and no

one holds that perpetrator accountable for his actions. It is possible to end

this silence by promoting implementation of international laws which will

result in creating a prosperous and stable nation.

Methodology

This thesis will use a qualitative analysis and case study approach.

The research will mainly focus on international laws and their

implementation in two different case studies. I will primarily rely on what is

written and then analyze it according to my hypothesis. Occasionally I will

use quantitative data, mainly when comparing the rates of social equality of

Pakistan and Bangladesh over the previous decades. Since the thesis will be

focused on the implementation of international laws concerning gender-

based violence, specifically concentrating on domestic violence. I will also

use newspaper articles with various cases of how the national government

and judicial system dealt with certain cases.

The questions that my thesis will ask:

1. What is GBV? Why is it a critical issue?

2. What are traditional norms which causes harm to women?

3. How do states support traditional norms?

4. Do traditional norms hinder implementation of international law?

5. Is international law necessary when dealing with GBV?

6. Why is it necessary to implement international law?

7. Does the ridding of traditional norms concerning women and

implementing international law benefit countries?

8. Does implementing international law prevent GBV?

9. What does domestic violence cost countries?

10. Are traditional norms the real cause of GBV, since even in

"developed" countries

Literature Review

This literature review will include research regarding books, articles

and online resources, primarily from the 1990s to present. Most of the

research on domestic violence prior to the 90s has been focused on the

historical perspective rather than individual/ experience based. The books

and articles were found using the keywords domestic violence, gender-based

violence, cultural norms in Bangladesh/Pakistan, community attitudes to

domestic violence, international law in Bangladesh/Pakistan. The term

domestic violence is considered as a major form of gender-based violence in

most of the literature. Majority of the definitions for terminologies were

found in the websites of various UN organizations.

This literature review will be in four parts: the first part states how

domestic violence is a major component of gender-based violence and how it

is harmful towards women. This will set up the background for the rest of

the research. Second part will include how communities play an important

role in supporting domestic violence and how their cooperation is necessary

to prevent domestic violence. The third part will focus on international law

as a source that would create a universal human rights norm. Yet there are

opposing beliefs regarding the importance of implementing international

law. The fourth part will discuss why domestic violence threatens the

development of a country, focusing on the loss of productivity and costs of

domestic violence. It will compare the findings between Bangladesh and

Pakistan and state the importance of these research studies for the

development of the nation.

What is domestic violence?

Domestic violence is a major form of gender-based violence that kills,

tortures and abuses women- physically, psychologically, sexually and

economically. Theorists state that it is abuse that occurs in the private

sphere, which is associated with family and home. According to Habermas,

the public sphere is a critical process of public communication which leads

to democratization, yet this democracy is only open to men. However,

opposing his theory are other theorists who state that this belief about the

public sphere is what leads to the exclusion of women. Rebecca Cook,

Charlotte Bunch, Susan Boyd and Mahood and e-Nayab state that this allows

the government to neglect women, allowing the violations towards women to

go unnoticed and unrecognized. This lack of recognition is what causes

women to be exposed to poverty and other social problems. The lack of

acknowledgement in the public sphere also exposes women to gender-based

violence in the private sphere, also known as domestic violence. The

terminology, gender-based violence, has various meanings depending on the

researcher’s perception of gender-based violence. Based on these various

meanings of gender-based violence and domestic violence, it is understood

that every form of gender-based violence occurs in domestic violence

varying from child marriage to honor killings, marital abuse, and in some

cases even human trafficking.

The articles and chapters written by these specific theorists have

supported the interpretation of domestic violence as written in this thesis.

However, in articles which will be mentioned later on in the thesis, the term

domestic violence primarily refers to intimate partner violence, especially

regarding the literatures concerning the case studies done by governments.

This inability to view various forms of domestic violence as abuse which

follows women across their entire lives was problematic as a researcher.

Communities’ role in domestic violence

Nation states often neglects women’s experience from the public

sphere and use the separate spheres argument to justify separating women

from the public sphere. These gendered spheres allow patriarchal power

relations to give legitimacy to violence against women. The patriarchal

power relations create traditional biases and continue to exist due to the

patriarchal traditional norms in society.52 The act of domestic abuse and

other forms of gender-based violence have persisted due to the fact that these

customs are deeply rooted in the patriarchal culture. While these theorists

state that cultural norms have allowed men to continue to perpetuate

violence against women, author Jyotsna Chatterji disagrees.

Jyotsna Chatterji focuses on religions and the status of women in

India, but her research can also be applied in the case of Bangladesh and

Pakistan. Theorists state that religious or customary law gave more privilege

to men, allowing discrimination to persist. Chatterji states that it is not

religious texts that should be blamed, but rather the discrimination which

emerged from improper misinterpretation of religious text which led to

unjust laws. Chatterji was the one of the references which explained the

meaning of religious texts and practices and compared them with the

interpretation and practices today. She also explained the rights of marriage

and divorce within the Quran and how it is misinterpreted to give advantage

to men in many societies today.

It is critical for international policymakers to understand the societal

perspective about certain beliefs and their willingness to accept cultural

perspective of human rights rather than the international human rights

perspective. Sally Engle Merry states that international human rights must be

adapted into local terms to be accepted and implemented. Communities play

an important role in supporting domestic violence and, on the flip side they

are required to prevent domestic violence. International law alone cannot

make national laws accept international human rights principles forcefully.

It is necessary to have internal discourse (community acceptance) regarding

human rights in order for international human rights to be accepted as the

norm.

International law

In order for international law to be implemented, it should be

understood what international law is. International law is rules and principles

governing the relations between states, individuals and international

organizations. International human rights law consists of rules and laws

designed to protect right to life, liberty, and prosperity of human beings.

Democratic countries, according to liberal theorists, are more likely to accept

international human rights law, not only the governments, but also the

citizens themselves. Emilie Hafner-Burton argues that this is not the case

especially if the country lacks an internal push to accept international human

rights law. This internal push to accept international law is often opposed by

cultural relativists. Cultural relativists state that cultural differences should

be accepted and recognized. But for citizens in various countries

international human rights law is perceived as ethnocentric and disrespectful

of their own cultural practices. Both of these perceptions of international law

are necessary for policy makers when they are making policies or programs.

They need to be aware that international human rights law is not going to be

embraced all societies, especially ones who accept cultural relativists’

perspective of international law. However, framing international law within

the norms of the local culture will allow a path of acceptance of international

human rights law.

The Cost of Domestic Violence

Many of the theorists state that gender-based violence threaten the

development of the country due to the loss of productivity and the costs that

occurs as a result of domestic violence. While studying the costs that

domestic violence has on Bangladesh and Pakistan, I have found that

Bangladesh has done more extensive studies on the costs than Pakistan. The

article written by COVAW, CARE-B studied the costs that domestic

violence has on Bangladesh. This study had a sample size of about 483

families from three different districts. This article states that about 30 to 40%

of families suffer from domestic violence costing the country about 2.05% of

the GDP, which is about 14,084.56 million taka, a large amount that is

wasted annually on a social evil. Supporting this evidence was the article by

Asif Mohammad Shahan which focuses on intimate partner violence study

done by Fahmida Khatun. This article states that there was no study which

measured the economic costs associated with marital abuse in Bangladesh,

causing Dr. Khatun to do a detailed study of marital abuse and the direct and

indirect costs of it, and calculating the physical and psychological cost it

might cost a victim. Asif’s report was also more detailed due to the various

costs being split up into monetary amounts such as physical and

psychological, cost of being abandoned or displaced, holding a

shalish(informal court), money required for justice from the legal system,

also extra money required for seeking justice, and the number of lost

working days.64

While the report done by COVAW included the cost of the medical

treatment in case of injury, not counting the psychological treatment that

would be necessary, the total cost for holding a shalish, cost of transportation

and food to courts, and the cost that the perpetrator has incurred.

The extensive research done on Pakistan, however, led me to conclude

that there is a lack of quantitative research about the actual cost that

domestic violence has on

Pakistan’s economy. While AusAid presented the overall country data and

the article by Sadaf Zahra provided with the number of women in the

country and status of the women in society, it lacked the actual costs of

domestic violence. The research done lacked monetary data to support its

findings.65 The assessment concerning what the costs of domestic violence

was more or less based on interviews concerning attitudes and beliefs that

people had concerning domestic violence. The “Between Hope and

Despair” article provided a better understanding of poverty through analysis

of the poor which would basically enable policymakers to make effective

policies and actions. Although it is difficult to accurately measure domestic

violence, it would be difficult for policy makers to propose new policies if

quantitative values are lacking in the data concerning direct and indirect

costs.

The research mentioned have all emphasized the importance of

community participation in policies and programs regarding domestic

violence. While implementing international law is critical to end domestic

violence, violence will continue to exist if the patriarchal power relations

and lack of community participation persists. Both of these allows

patriarchal traditional attitudes towards women and domestic violence to

remain, regardless of national law changes to prevent and protect women, as

it does in the case of Bangladesh and Pakistan.

International treaties on Domestic Violence and women’s rights

Historically, women’s presence has been nonexistent in the public

world. The issues that women faced were often not considered critical,

forcing them to disappear into the private sphere. Their confinement was

often supported by various biased beliefs, which rose from culture, tradition,

and even religion. Unfortunately, these beliefs have been established

regardless of ethnicity, culture, race, or social class, becoming a worldwide

phenomenon. Charlotte Bunch states that this universality explains why the

movement to recognize violence towards women as a human rights violation

has become more of an international issue.

Recognizing gender-based violence has been a major human rights issue

over the past decades in the international arena. It has gained awareness

due to its effect on women themselves but also resulting as a development

issue for many countries. The United Nation’s Universal Declaration of

Human Rights, which was proclaimed in 1948 after World War II,

recognized the “inherent dignity and of the equal and inalienable rights of

all members of the human family.” This declaration is said to be

the ...common standard of achievement for all peoples and all nations, to

end that every individual and every organ of society...secure their universal

and effective recognition and observance, both among the peoples of

Member States themselves and among the peoples of territories under their

jurisdiction.

Article 2 states that “everyone is entitled to all the rights and freedoms set

forth in this declaration without distinction of any kind, such as race, color,

sex...etc.” However, it did not specifically identify women's rights, and

gender-based violence continued without any response from member states.

Even in the second World Conference on Human rights, women’s rights

were not recognized. It was not until 1993, during the World Conference in

Vienna, did the international community begin to recognize women’s rights

as human rights, causing gender-based violence to gain attention from the

international human rights community.

The Vienna Declaration was a result of a gathering of participants

from 171 governments who advocated "human rights for women as a

priority for governments."72 All of the participants created a global

campaign to work for women's rights, in which they sought to redress

gender-based discrimination and internationally condemn gender-based

abuse as a "devastating reality." However, this was not an abrupt act, but

rather a result of collected efforts of organizations such the Center for

Women's Global Leadership, which developed the idea of 16 days of

Activism against Gender Violence in 1991. This campaign was the driving

force that allowed GBV to be recognized as something that requires

immediate action. The active lobbying which occurred during this phase for

the "inclusion of women in the Vienna conference" was the first step taken

by the United Nations as an international organization to identify gender-

based violence and consider it a human rights issue. It formulated the various

conventions and international legal documents which exist today, playing an

active role in promoting, protecting and establishing the importance of

women's rights all over the world. Listed below are the laws which

recognize gender-based violence that women encounter as human rights

abuses.

1) UN International Covenant on Civil and Political Rights

This convention is important because it is one that receives a

large amount of funds, due to the attention that people give to civil and

political rights. While this convention does not clearly define GBV, it

states that each member state has the responsibility to:

...respect and to ensure to all individuals within its territory and

subject to its jurisdiction the rights recognized in the present

Covenant, without distinction of any kind, such as race, color,

sex...

Not only does the state protect and ensure women’s rights, they also

have the "inherent right to life." The inherent right to life means that human

beings are not subjected to “torture or to cruel, inhuman or degrading

treatment or punishment." What is gender-based violence, be it domestic

violence or human trafficking, if not torture resulting in degrading

treatment? It is because of the frequent number of victims of degrading

treatment that such acts are given the name GBV. Article 7 states that “no

one shall be subjected to torture or to cruel, inhumane or degrading treatment

or punishment.”78

Article 8 is focused on slavery and forced labor. It states that no one

shall be held in slavery, in servitude, and perform forced or compulsory

labor. Essentially, it is any form of exploitation of people which perceives

trafficking as just another form of slavery, requiring victims to perform

forced labor. According to the UNODC, trafficking is a modern form of

slavery in which sexual exploitation is the most common form of human

trafficking (79%), followed by forced labor (18%). These are just two of the

commonly identified forms of human trafficking. Other forms which are

under-reported tend to be:

“domestic servitude, forced marriage, organ removal, exploitation of

children in begging, the sex trade, and warfare.”

Forced marriage is a major issue, because not only is it a method of

trafficking, but also a form of domestic violence. Article 23 states that, “no

marriage shall be entered into without the free and full consent of the

intending spouses,” and the member states also have the responsibility to

take steps to “ensure equality of rights and responsibilities of spouses as to

marriage, during marriage and at its dissolution.”

As members of this specific covenant, states have the responsibility to

provide remedies for those whose rights were violated. As stated previously

GBV is clearly a crime which distinctly victimizes women, causing some to

seek legal remedies. Article 2 states that members of the covenant must:

(a) ensure that any person whose rights or freedoms as herein

recognized are violated shall have an effective remedy,

notwithstanding that the violation has been committed by

persons acting in an official capacity; (b) ensure that any person

claiming such a remedy shall have his right thereto determined

by competent judicial, administrative or legislative authorities, or

by any other competent authority provided for by the legal

system of the State, and to develop the possibilities of judicial

remedy; (c) To ensure that the competent authorities shall

enforce such remedies when granted.

While this article clearly states what citizens of the states should be

provided with, it is article 26 that emphasizes the fact that all people “are

equal before the law and are entitled without any discrimination to the equal

protection of the law.” It also states that the law should “guarantee to all

persons equal and effective protection against discrimination on any ground

such as...sex...” However, in many developing countries, such as

Bangladesh and Pakistan, "judicial, administrative or legislative authorities"

are male, making them biased when handling with GBV cases.

2) UN Convention against Torture

World War II has taught the international community of the extent of

torture and violation of human rights many people had to suffer while the

state showed its incapacity in guaranteeing protection of civilian human and

absolute rights. This led to the creation of the UN Convention against

torture and other cruel, inhuman and degrading treatment or punishment.

While this convention does not directly deal with gender-based violence,

most acts of violence fall under what is defined as torture in the convention.

For the purposes of this Convention, torture means any act by which severe

pain or suffering, whether physical or mental, is intentionally

inflicted on a person for... punishing him for an act he or a third

person has committed or is suspected of having committed, or

intimidating or coercing him or a third person, or for any reason

based on discrimination of any kind...

Gender-based violence often means the victim has to suffer from

severe physical or mental pain. In the case of domestic violence, most

women are abused because of an

“act she has committed or is suspected of having committed and the use of

coercion and/or intimidation is frequently used.” A sadistic person can also

blame the woman for something just as an excuse to beat her. Amnesty

International states that habitual domestic abuse “falls within the ambit of

the Convention against Torture and other Cruel, Inhumane or Degrading

Treatment or Punishment.” In most cases, gender-based violence occurs due

to discrimination towards women “forcing them into a subordinate position

compared with men.” Human trafficking is a form of gender-based violence,

since it exploits women, subjugating them to forced physical, sexual and

psychological violence.

3) UN International Covenant on Economic, Social, and Cultural

Rights

This Covenant affirms that all humans have the right to enjoy their

economic, social and cultural rights. These rights will be exercised “without

discrimination of any kind as to race, color, sex.... ” Often times the

exploitation that women suffer from is a result of gender-based violence.

Exploitation can occur in the public and private sphere; which would prevent

the victims from enjoying their economic, social and cultural rights. They

have also lost their biggest possession, their rights to their bodies. Violence

in the private sphere often takes the form of domestic abuse. Domestic abuse

often means that the woman has no economic or social power in the

relationship, making it further difficult to enjoy her economic, social, and

cultural rights.

4) UN International Convention on the Rights of the Child

This treaty, recognizing anybody under the age of 18 as a child,

implements certain principles which protect them, regardless of their

race, color, religion, social origin, disability, or sex. It gives the state

the responsibility to ensure that children are protected and considers

the best interests for the child, and most importantly ensures that

children has the right to life, survival, and development. UNICEF, in its

article on Domestic Violence against Women and Girls, touches upon the

various types of abuse that children, especially the girl child, suffer.

It states that at different stages of a female’s life they are subjected to

different forms of violence. The chart breaks up the types of violence in six

phases: pre-birth, infancy, girlhood, adolescence and adulthood, and elderly.

While this chart gives various examples of the types of violence females are

exposed to, it should be further understood that these types of violence

primarily occur due to gender, regardless of the age of the female. Aware of

this, the International Covenant on the Rights of the Child focused on

protecting children from:

...all forms of physical or mental violence, injury or abuse,

neglect or negligent treatment, maltreatment or exploitation,

including sexual abuse, while in the care of parent(s), legal

guardian(s) or any other person who has the care of the child.94

A separate article, article 34, is given to sexual abuse due to the magnitude

of the issue.

The article stresses:

States Parties undertake to protect the child from all forms of

sexual exploitation and sexual abuse. For these purposes, States

Parties shall in particular take all appropriate national, bilateral

and multilateral measures to prevent:

(a) The inducement or coercion of a child to engage in any

unlawful sexual activity;

(b) The exploitative use of children in prostitution or other

unlawful sexual practices;

performances and materials.

While article 34 talks about children being victims of sexual

exploitation, article 35 also discusses the threat of abduction, sale, and

trafficking of children and how governments must ensure that these threats

aren’t becoming a reality for the children.

Most acts of violence that girl children are exposed to are due to the

cultural and traditional norms of the country, such as child marriage, female

genital mutilation, and even female infanticide. These cultural and traditional

acts are often a representation of the control that the patriarchal society has

over women. Such acts have the effect of

“perpetuating normative gender roles that are unequal and harmful to

women,” causing other acts of violence to occur. The occurrences of these

acts allow women to be taken advantage of and causes harm to their welfare

and development. Domestic abuse and human trafficking both take away the

right that children have to life, survival, and development.

5) UN Convention on the Elimination of Discrimination against

Women (CEDAW) This was the first law which countered sex

discrimination, and recognized women's rights as human rights.98

It was a new legal mechanism which sought to make legal,

political and social institutions support women, expanding

government responsibility in order to deal with violations of

women's rights.99 This revolutionary law allowed women to fight

for their rights, causing it to be also known as an international

bill of rights for women. However, when CEDAW was

originally drafted in 1979, it made no mention of violence

against women. 100 Charlotte Bunch states that one of its

shortcomings was its inability to clearly state what violence

against women is. Finally in 1992, the General Recommendation

Number 19 Committee on the Elimination of Discrimination

against Women recognized that gender-based violence was one

of the key reasons why women were kept in a subordinate

position compared to men.101 This was extremely significant

because it made gender violence an international issue, not being

subjected to arguments concerning “cultural, racial or

civilization superiority” by focusing on the importance of

“individual rights to physical integrity.”102 The document

contains "internationally accepted principles and standard for

achieving equality between men and women."103 In order to end

discrimination against women, CEDAW incorporates these

following incorporating the principle of equality of men and

women in their [the member states] legal systems, abolishing

laws that are discriminatory against women...establishing new

ones that makes discrimination illegal...they are also obliged to

make sure that individuals, organizations, or companies do not

discriminate against women.

According to Merry, these principles are CEDAW’s way of calling for

cultural changes in gender roles. Article 2f is the essence of the convention

which directly states what member states have to do comply to:

To take all appropriate measures, including legislation, to

modify or abolish existing laws, regulations, customs and

practices which constitute discrimination against women.

By stating that member states would not only need to change laws and

regulations, but also customs and practices, shows an understanding and

acceptance that often traditional and cultural norms play a major factor in

gender-based violence. Article

5 requires member states to:

To modify the social and cultural patterns of conduct of men

and women, with a view to achieving the elimination of

prejudices and customary and all other practices which are

based on the idea of the inferiority or the superiority of either of

the sexes or on stereotyped roles for men and women.107

However, the issue with CEDAW, like other treaty bodies, is that they have

to respect sovereignty, lacking the power to “compel states to comply.”

Although CEDAW does not have the power to punish, it is still able to

increase gender awareness

“through ratification, preparing reports, and presenting and discussing

reports” creating “new cultural understandings of gender and violence.” It is

a form of “global legality” which expresses a “particular cultural

understanding on gender.”109 While CEDAW, with its various forms of

incorporation, is a “powerful site of cultural production,” gender stereotypes

are extremely difficult to change.110

6) Optional Protocol to the Convention on the Elimination of All Forms of

Discrimination against Women

This protocol came into force on December 22, 2000, as a legal

document which empowered women to “claim their internationally protected

equality rights.” The optional protocol will also strengthen the Convention’s

enforcement mechanism. The protocol proposes two mechanisms which will

make sure that governments are accountable: a) communications procedure

and b) inquiry procedure. The communications procedure “provides

individuals and groups the right to lodge complaints with the Committee on

the Elimination of Discrimination against Women regarding violations.” The

communications procedure is also critical because it enhances the

implementation of the Convention, contributing to enforcement of

obligations, providing redress for violations. However, it also has specific

criteria that individuals or groups have to oblige to:

The Committee shall not consider a communication unless it

has ascertained that all available domestic remedies have been

exhausted unless the application of such remedies is

unreasonably prolonged or unlikely to bring effective relief.

The Committee would be able to take action after ensuring that

domestic remedies are taken. However, if the state prolongs the remedies or

the remedies do not bring effective relief, the Committee is able to intervene.

The inquiry procedure enables

CEDAW to “conduct inquiries into serious and systematic abuses of

women’s human rights.” This provides the Committee the right to

investigate situations where there are clearly “grave or systematic violations”

in the private and the public sphere. The Optional Protocol does not require

that inquiries be brought by another State, but rather requires relevant proof

of the alleged violation. These two procedures allow women to directly

enforce the Convention based on the situation that they face. According to

Hoq, the Optional Protocol ensures that state violations of Convention

obligations are monitored and allows CEDAW to intervene in cases of

violations of the Convention. While previously the Convention was not able

to implement its obligations, this protocol gave CEDAW the authority to

hear and investigate claims of violations of the Convention, empowering not

only women, but also the Convention itself. The main two procedures of the

Optional Protocol reflect the context of certain acts of violence, especially

the ones based on cultural practices. Communicating and investigating

procedures challenges traditional conceptions of women by comparing the

norms of states with international norms, ultimately holding societies

accountable for their norms. It becomes a catalyst for mobilizing normative

change within local communities and the state through institutionalized

means.

Over the past 30 years, CEDAW and other international conventions

and protocols have worked towards establishing women’s rights as human

rights, acknowledging gender-based violence as a major form of human

rights violation. Regardless of this movement to make human rights

universal, traditional norms towards women continue to persist. The

existence of these norms allows men to maintain their dominant role in

society which creates various customs and beliefs, leading to the exclusion

of women from schools, forced marriages, acid attacks, the inability to

inherit land, domestic abuse and human trafficking. While states are trying to

change these customs and beliefs by implementing effective international

norms regarding human rights, these traditional norms continue to exist in

the state and local level as shown in the case of domestic violence in

Bangladesh and Pakistan.

Chapter 4: Domestic Violence in Bangladesh and Pakistan

What is Domestic Violence?

There are vast incidents of violence against women worldwide,

crossing class, race and age lines. Amongst these various types of violence,

domestic violence is the most common form of violence defying “economic,

educational, social, racial, and cultural barriers.” According to the Inter-

American Convention on the Prevention, Punishment, and Eradication of

Violence against Women, violence is anything which occurs within the

family or within any interpersonal relationship, even though the perpetrator

does not have to share the same residence with the victim.121

This definition proves that women are most likely to be threatened at

the place where they are supposed to be the safest, at home. Domestic

violence is defined as,

“violence that occurs within the private sphere, between individuals who are

related through intimacy, blood or law.” Domestic abuse does not only occur

at specific instances for women, but rather they are subjected to violence all

throughout their lives. This type of violence can be analyzed in four forms:

economic abuse, emotional abuse, physical abuse, and sexual abuse.

Economic abuse occurs when a woman faces limitations or forced to act a

certain way, which takes away her right to enjoy her economic, social and

cultural rights. This often includes preventing education, forcing a women

to work, not allowing her to work, taking out money from her personal or

shared bank account without her knowledge, not letting her inherit land,

forcing her to hand over her assets, and abandonment. This lack of control

that a woman has over her own economic rights is a form of abuse that is

often times invisible from public scrutiny, since most people fail to see the

connection between domestic abuse and economic abuse. The second form

of abuse that women face is emotional abuse. Emotional abuse is

“considered to be any act associated with psychological, spiritual, and other

forms of abuse that relate to an individual’s sense of integrity, freedom of

expression, and wellbeing.”125 Victims of emotional abuse are 12 times more

likely to commit suicide. Acts of emotional abuse include verbal abuse,

controlling and insulting behavior, use of threats of physical abuse to her or

her loved ones. The effects of emotional abuse ranges from shame, guilt,

anxiety, depression, low self-esteem, and feeling inadequate, hence taking

away the victim’s ability and right to enjoy her life. The third form of

physical abuse is any type of physical assault that causes bodily harm.

Physical abuse is often accompanied with psychological abuse and often

sexual abuse, sometimes even leading to death. The last form of abuse is

sexual abuse, which can be considered a type of physical abuse, but it is

different because it deals with “physical invasion of an individual’s body

that is sexual in nature.” It ranges from touching, fondling, forced kissing,

or forced oral sex, rape, and forced to perform prostitution and bestial acts. It

also includes incest, child prostitution, and pornography. However, there are

other forms of domestic violence that this definition does not include such as

sex selective abortions, female infanticide, and differential access to food

and medical care. In certain societies, sons are given higher value often

leading to cases of female infanticide and sex selective or forced abortions.

The same mentality exists when girl children are neglected causing

malnutrition, disability, sickness, or even death. Such acts are evident in

statistics of mortality rates, which show that in some parts of the world there

are about “60 million fewer women alive in the world than should be

expected on the basis of general demographic trends.”

There are also specific cultural acts of violence which are justified

under the pretense of cultural and religious beliefs, such as female genital

mutilation, dowry related violence, honor killings, acid attacks, and early

marriage. While female genital mutilation is not a common crime in

Bangladesh or Pakistan, rather it is more frequent in African countries; it is

still a crime that should be worth mentioning since it seems to affect 130

million women worldwide. However, practices such as dowry related

violence, acid attacks, honor killings and early marriages are some of the

most common types of cultural violence in Bangladesh and Pakistan. Dowry

violence is one of the extreme forms of violence in both Bangladesh and

Pakistan, which is evident from the high occurrence of stove burning and

acid attacks. Stove burnings and acid throwing in the private sphere is a

result of dissatisfaction that the husband or his family has concerning dowry.

In 2006, about 206 women died of stove burnings in Pakistan, while in

Bangladesh there are over 200 acid mutilations. Acid throwing is a frequent

crime since sulfuric acid is a cheap and accessible acid which has

devastating results. The reasons for acid attacks vary from family feuds,

inability to meet dowry demands, rejecting men as lovers or husbands.

Honor killings are also a frequent crime in these two countries, where

women are killed for not being able to uphold the honor of the family. Honor

killings often occur if men assume that their wives, daughters, sisters

violated the norms that dictates women’s behavior. The acts that result in

honor killings include alleged adultery, premarital relationships, rape, or

even falling in love with an inappropriate person (someone from a different

class, religion, rival family etc). However, at times honor killings are used to

settle land disputes, resolve feudal violence, and even get rid of a

“disagreeable wife.” The last type of cultural violence mentioned is early

marriage or marriage without consent of the girl. This form of violence

victimizes numerous numbers of women across Bangladesh and Pakistan

often causing teenage pregnancy, and has an adverse effect on girl’s

education and employment opportunities.

While human trafficking is considered a different form of abuse which

occurs in the public sphere, research shows that human trafficking and

domestic violence is intertwined. Human trafficking is defined as the modern

day practice of slavery, where “transportation, recruitment, transfer, receipts,

or harboring of a person [occurs] for the purpose of exploitation,” the

perpetrator can often be someone that is connected to the victim “through

intimacy, blood or law.” Lisa Hajjar states that domestic abuse is abuse

which occurs in the private sphere, yet the private and public spheres

interlock because domestic violence acts as a push or pull force for human

trafficking.

Human trafficking

Over the recent years with the rise of globalization trafficking has

become a major issue in Bangladesh and Pakistan. While globalization

creates opportunities for nations to stride towards development, it leads to

trafficking on the global market. A study from the International Labor

Organization shows that human trafficking makes approximately an annual

profit of $31 billion, making it one of the top three sources of illegal income.

While trafficking victimizes people of all ages, genders, and races, those

who are usually affected by such a global market are women.

Trafficking can be categorized into two parts: labor trafficking and sex

trafficking. Labor trafficking can be forced labor including fieldwork,

mining, forced servitude, constructing and begging. Labor trafficking usually

works as a form of payment to satisfy a debt. Labor becomes forced labor

when the victims are forced to work long hours and their mobility is

restricted and supervised by the controller. The victim is also unable to

communicate with her relatives or friends in the outside world, which is

similar to the circumstances that most victims of marital abuse and child

marriage face. On the contrary, sex trafficking has a broad range of forms

including prostitution, pornography, bride trafficking and commercial sexual

abuse of children. International law states that if a person is under the age of

18 and is facing these circumstances he/she is considered a victim of

trafficking even if there is no force or coercion. Using this definition, one

can consider forced or child marriages as a form of human trafficking.

Forced marriage is marriage entered without the consent of one or

both parties. Child marriage, although at times done with the consent of both

parties, also falls under the same category as trafficking because it is

considered to have practices similar to slavery, where:

c) i. a woman, without the right to refuse, is promised or given

in marriage on payment of a consideration in money or in kind

to her parents, guardian, family, or any other person or group.

This type of marriage makes the women vulnerable to abuse and exploitation

by her spouse or her in-laws, causing the victim to live in conditions of

domestic or sexual servitude.

According to Dorchen Leidholdt, domestic violence serves as a push

or pull factor that causes conditions which propel or lure vulnerable

individuals into situations of prostitution or forced labor.144 There is also a

common misconception that human trafficking is a crime which occurs in

the public sphere, not recognizing familial trafficking as a major form of

domestic violence. This lack of understanding fails to recognize the roles

that relatives, intimate partners, or parents might have in trafficking an

individual. Often times the perpetrators use familial power dynamics to

force the victim to engage in forced labor or commercial sex, in order to

make money for the family or as a means of control abuse and exploitation

of the individual.146 While UNICEF separates cultural and traditional acts of

violence and human trafficking from other types of domestic violence, this

thesis states that these are all forms of domestic violence are impacted by

cultural and traditional norms.

Cultural and Traditional Norms Concerning Women

Why do norms have such a huge impact on our lives? Is it because

some norms have been continuously reinforced since birth, that we have

come to think of as normal? Why do certain norms remain even though

civilizations have fallen and others have been conquered? These questions

are some of the common questions one might think about concerning

cultural norms. However, it is critical to understand that while norms play a

huge role in shaping our values and impacting our behavior in society,

certain cultural norms cause a negative impact for individuals, as is the case

for women.

According to the World Health Organization, cultural norms are rules

and expectations of behavior within specific social groups. These norms are

often unwritten, and yet when internalized, norms play a major role in

influencing individual’s attitudes and beliefs. Norms form modes of

behavior by creating standards for appropriate or inappropriate behavior,

which regulate and co-ordinate interactions. People conform to norms due to

society’s expectations because doing so is recommended, if not coerced.

Refusing to conform to norms is followed by social disapproval,

punishment, guilt, and shame, allowing attitudes concerning violence

towards women to persist. Certain traditional norms state that men have the

right to “control or discipline women through physical means” which then

makes women more vulnerable to domestic violence. The fact that domestic

violence is perceived as a private affair prevents intervention and silences

victims.

Behind each type of abuse, there exist various cultural norms which

support the type of violence. From the age of infancy to girlhood, girls are

often victims of maltreatment because of norms which undervalue girls,

considering them to be a bad investment. This is just one of the first types of

violence that girls are exposed to, relegating them to a low status not only

within the family but also in society. As they reach adolescence and

adulthood most girls are victims of various types of abuse. In the case of

physical abuse, a common norm is that men have the right to “discipline”

female behavior and restrict their freedom which would preserve the honor

of the family. For many, domestic violence is accepted for women of all ages

and reporting abuse or even filing divorce is considered shameful. In the

case of sexual violence, one does not even mention the topic sex. In my

experience as a hotline operator working with abused women, I have found

that women are less willing to admit to sexual violence. Many south Asian

women have internalized the norm that sex is a man’s right in marriage and

talking about sex is taboo. Also reporting sexual abuse and rape leads to one

being a social outcast and, in some cases, imprisonment for the victim, who

is considered the criminal for ‘committing’ premarital sex.

These norms concerning domestic abuse have persisted for centuries,

even with current advancements in technology and the science and

modernization. Cultural norms in Bangladesh and Pakistan persevere due to

patriarchal notions which are deeply ingrained in conservative religious

beliefs. The society’s beliefs about the “proper role” of women in the public

and private are ingrained in traditional religious conceptions regarding

women. However, the Consultation on “Authority of Religions and the

Status of Women” state that discrimination towards women ensues from

misinterpretation of the scriptures causing unjust laws to emerge. Pakistan

and Bangladesh both have a population that is majority Muslim; hence the

norms and laws which exist are thought to be influenced by the Quran.

However, the status of women in the Quran differs from the status of women

in both of these countries in current times.

In pre-Islamic Arab society women had a lower status, with practices

of female infanticide, discriminatory inheritance laws, polygamy, and other

forms of abuse and discrimination. The introduction of Islam led to the

protection of women and improving the social status of women. While the

Quran states that women and men had different spheres and men were

slightly superior to women, it did not promote the concept of male

domination. There are laws which insist that women inherit assets, are

protected and not abandoned by her family. The practice of bride price

started off as a way to value the woman and providing her with assets that

will be hers regardless of the status of the relationship in the future. This

practice soon became one that did not give value to the woman but rather as

a way that considered her as a commodity who would be sold off to her

husband. Religious values concerning marriage and divorce were also

different than current values. Islamic marriage without the consent of the

bride is not considered valid, and polygamy can only be done with the

permission of the first wife. Divorce was not stigmatized and the divorcee

had to be “retained in honor or released in kindness.” The ex-husbands also

had the duty to take care of her, also known as alimony, until she remarried.

In majority Muslim countries it is common knowledge that sexual

relations are forbidden between those who are not married. However, since

Islam forbids sexual relations between those who are not married, there is a

rise of temporary marriage in these countries, known as muta. Muta means

temporary marriage with unmarried women. A muta is only for a fixed

amount of time, after which it is considered automatically terminated. This

form of marriage means that there are no mutual rights of inheritance

between the man and the woman, but any children conceived at that time

would be considered legitimate and would be grant inheritance. Muta

marriages require a valid contract with a mention of the specific period and

fixed amount of dowry. It also requires two witnesses to validate the

“marriage.” Although the Prophet has prohibited muta, other sects of Islam

considers it valid, hence it is common in many Muslim countries.

The act of muta validates sexual acts, without any binding document which

holds the men responsible for his wife. This unbinding act raises the issue of

muta pimps, who take advantage of women, and girls who are vulnerable,

such as street children, runaways, girls who come to the city for better

opportunities, and high school girls in city parks. In Pakistan they are sent to

muta brothels, called “Kharabat,” where they are sold off to older men

through acts of muta. This act of “marriage” not only allows the men to feel

as if they are not committing a sin, but also hinders women from reporting

prostitution or sexual abduction, in fear of being punished herself.

The latter development of Islamic societies digressed to practices

which existed in Arab societies post Islamic age, imposing total male

domination which violates the original Quran teachings, making current

Muslim societies to be more static rather than progressive. The conservative

beliefs that exist in Bangladesh and Pakistan play a major role in the rising

violence towards women. Although statutes exist to protect women from

such types of gender violence, they are rarely enforced. As a result, domestic

violence continues to expose women to voiceless lives.

Domestic Violence in Bangladesh

Violence is a result of inequality in power relations. In developing countries

such as Bangladesh, violence is a means of control and an enforcement of

familial and social norms. Since it is a very strict patriarchal society familial

and social norms are created by men. It is accepted in society that if the man

believes that something is unacceptable, it can be reprimanded by the use of

violence.158 According to the UN in the year 2000 Bangladesh had the worst

record of violence against women and in 2004 was ranked 110th out of 144

countries related to gender development index.

Marital Abuse

Domestic violence is a private crime, which is perpetuated by

husbands, in-laws, and other family members. It is a common act and is seen

as a disciplining tool making one feel imprisoned, and making the home, not

a haven, but one filled with pain and humiliation. A major form of domestic

violence is marital violence. According to Tania

Wahed & Abbas Bhuiya, domestic violence is a result of:

[the] wife's questioning of the husband on day to day affairs (29.1

%) followed by failure of the wife to perform household work

satisfactorily (17.6%), economic hardship of the family (11.5%),

failure of the wife to take proper care of the children (10%), not

wearing the veil or conforming to other expected behavior

(5.5%), inability to bring money from the natal home (3%), not

taking good care of in-laws and relatives (2%). The rest of the

reasons included supporting the natal home, failure to have

children, having too many children, dark complexion of children,

family feud between the husband's family and natal family and

suspected relation with others. The most frequently mentioned

reasons for physical abuse included questioning of the husband

(29.9%), failure to perform household work satisfactorily

(18.8%), economic problems (9.4%), failure to take care of

children properly (5.1 %), stealing (3.4%), refusal to bring dowry

from natal home (2.6%).

These actions show that at times it takes nothing to make the spouse take out

his anger on his wife. The estimated occurrence of physical violence against

women by husbands in

Bangladesh is from 30% to 50%. Janet Jackson, outgoing deputy

representative of the UNFPA to Bangladesh observed that 65% of males

think they are justified in beating up their wives, 38% have no clear idea

what physical abuse consists of, while 40% support in keeping women

socially dormant.

This belief results in half of the female population in Bangladesh to be

abused by their spouse. Domestic violence is an accepted act in Bangladesh,

not only by men, but women also are more accepting of domestic violence.

About 54% of girls and women between the ages of 15-49 in South Asia

think that a husband is justified for hitting his wife under certain

circumstances. Even if a husband rapes his wife, this is socially accepted

even in the government. “Rape” is defined under the section of 375 of the

panel

Code as a sexual act in which there is the following:

i) sexual contact against her will; ii) without her consent; iii) with

her consent but the consent has obtained by threat or coercion; iv)

with her consent but by the deception of the men that he is her

husband; v) with her consent but if she is under 14.

Regardless of this panel code, many women are still victims of rape.

The fatality of domestic violence is evident when one observes the number

of murders which occurs at a specific time. In 1993, 50% of all murders are

of wives by husbands in Bangladesh. If a woman survives the abuse, there is

still the threat of death which might occur after childbirth. In 2003, Sunita

Mukherjee, representative of the UNFPA to Bangladesh, stated that, "in

Bangladesh about 14 % of maternal deaths occur due to violence.”

As mentioned before Bangladesh is a patriarchal society in which

women are taught since birth to be submissive, tolerant and self sacrificing.

Society places the importance of keeping the family together a woman's task,

so if there is some sort of failure of the marriage it is usually viewed as the

woman's responsibility. Even though some women would find support from

her natal family, most women lack family or community support. This lack

of support causes abused women to accept their situation. These social

norms make it difficult for women to report acts of domestic violence,

especially when such action would cause social stigma. Even if she were to

have an official complaint she faces the fear of being harassed by the law

official. It is also hard for illiterate women to go through official papers and

court settlements, making it more difficult for women to receive any aid.

While marital abuse limits a woman’s right to life, liberty and equality, child

marriage violates girls’ human rights and making them vulnerable to

domestic violence, abuse, abandonment, and trafficking.

Early marriage

Amongst six countries where child marriage is most prevalent,

Bangladesh is number four with 36% who were married before the age of 18

and 28% married before the age of 15. In 2009, 64% of girls married before

they were 18. Child marriage is one of the most devastating acts of all times

because not only does it take away the child’s right to enjoy her childhood

but it also limits the girl’s “skills, resources, knowledge, social support,

mobility and autonomy.” These limitations compromise her development

and make her isolated from her family, friends, and other relatives, making

her more vulnerable. Victims of child marriage are also more likely to

experience physical, psychological, economic and sexual abuse. Girls who

are married below the age of 18 are also more likely to believe that a man is

justified when he beats his wife. According to a survey done by Sidney

Schuler, Kathryn Yount, and Rachel Lenzi, most women who were married

at below legal age and had little to no education felt that sometimes violence

is justified, especially if the wife argues with the man. One interviewee

states that while it is not right for the husband to beat his wife, he has the

right to beat her. This is a result of the lack of status and power that these

girls have within their marriages and their household if they are child

brides.172

Besides the violence that most girls are subjected to after marriage, the

cultural norms which exist within the community is what allows child

marriage to occur. There are beliefs that girls are burdens in the household

and will not bring any steady income. However, if she were to get married at

an early age then the parents would not be responsible for her. There is also

the fear that the dowry price will increase as the girl gets older. While dowry

is not a religious act, it has become a common act due to the belief that girls

are economic burdens and marrying them off, or in this case selling them off

will reduce the economic burden.173 However, dowry price increases the

threat of violence after marriage. There are many cases where the girl has to

suffer from abuse or even death because the husband or his family felt that

the demands for the dowry were not met. Regardless of the common

knowledge that most child marriages would lead to violence and lack of

personal development, most girls still agree to the marriage.174

A group interview of three Bengali women, two of whom were child

brides and the third was a forced bride, consisted of questions about the

circumstances of the marriage and why each interviewee did not oppose her

situation. Two of the women, Kamrun and Aisha, were both married at the

age of 16 to men much older, almost 15 years older. The third woman,

Monu, was married at the age of 20, to a man 13 year her senior, without her

consent. When asked why they didn’t oppose their situation, each had a

different answer. Aisha said that it would have hurt her father’s career,

because her father’s boss favored her husband and wanted him to get

married to her. Her family was an educated middle class family and her

Even though she was only 16 and her husband 32, she felt that she had to get

married to him even though it was not forced on her. Aisha was later able to

complete high school and receive an associate’s degree in political science.

The other lady, Kamrun who was married at the age of 16 to a 30 year old

man, said that early marriage was common in her family, with her sister who

had gotten married by the age of 15. When asked about how she felt about

the wedding or her husband, she stated that although she met him, she never

looked at him until after the wedding. Her husband returned to the U.S. a

week after their marriage and Kamrun stayed back until she finished high

school. Monu, the last interviewee had a different story. She came from an

upper middle class family and was able to go to receive her Associate’s

degree in Accounting before marriage. However, since high school she was

subjected to familial abuse, which ranged from physical and psychological

abuse to eventually abandonment. She admitted that once the abuse was so

bad, neighbors came to stop the abuse, yet didn’t when they were told that

she was having an affair, which was a lie. After years of abuse, Monu still

managed to complete her Associate’s degree, afterwards her parents and

brothers forced her to get married to a man 13 years her senior. When asked

why she did not run away from the marriage, Monu felt that opposing would

have been a taboo and would harm her reputation. All three women stayed in

the relationship, each with their own hidden scar. While none are abused by

their husbands, each one of them felt that it was as if their childhood and

dreams were snatched away from them. When asked if they would marry

their daughters off at an early age, each vehemently shook their heads,

stating that their daughters would have the chance to become independent.

Each of the women felt that the situation they were in was wrong yet they

felt powerless to do anything about it because of societal norms that existed

within their community. This powerlessness over one’s lives is common for

girls all over Bangladesh, but it still continues on due to the belief that these

forms of abuse are not social problems.

Community Response to Domestic Violence

A common belief in various parts of Bangladesh is that domestic

abuse is not a social problem. By not viewing this as a social issue,

communities are able to disregard the formal judicial intervention policies.

Despite the creation of formal justice systems, it is rarely enforced outside

the city areas, leaving women in the rural areas to suffer. In rural areas

domestic abuse is believed to be a private matter, which should only involve

family members. However, informal justice systems are used to solve issues

which cannot be resolved in the privacy of one’s household. Informal justice

systems consist of traditional views regarding gender roles and often deal

with issues such as marital disputes, rape, allocation of land rights, and any

other crimes which should be resolved. In Bangladesh, these informal justice

systems are known as shalish, which is a gathering of village elders to

address local disputes. The village elders are gender biased, consisting only

of old men. For some villagers, disputes should be solved by the village

elders rather than an official judicial representative. Although the formal

judicial systems also comprises of men, the informal judicial system is less

flexible, making it more biased towards men.

Another example of how informal justice systems work in Bangladesh

is the use of fatwas, which are legal opinions or ruling issued by mullahs

(educated Islamic scholars). Due to the large Muslim population, most of the

norms and values are justified using Islamic law. The mullahs hold shalish to

punish women for “anti social or immoral activities,” such as having an extra

marital affairs, marrying a man from another religion, having a child out of

wedlock, or even divorce. Even though fatwas are not legal forms of

punishments, the mullahs hold enough power in the community for the

punishment to be carried out. Punishment usually comes in the form of

lashes, social boycott, stoning, divorce, honor killings, and physical

violence, which are all accepted and carried out by the community.

Although the Quran states that fatwas should never be unjustly declared,

they tend to be unjust when the mullahs are men punishing women in front

of a community that still implements rigid gender roles. This has occurred

many times when the mullahs issue a fatwa and the victim/criminal is

physically destroyed. Unfortunately, a disgruntled or suspicious husband can

unlawfully use a fatwa to rid himself of a tiresome or undesirable wife

without the woman's voice being heard. These various types of gender biases

which exist in the cultural and social attitude contribute to gender violence.

How could one complain to a counsel of men about another man, most likely

her husband or even an outsider when it is more than likely that the woman

will be blamed for her victimization and the injustice will remain unsolved?

These injustices towards women have been acknowledged internationally

leading to the involvement of international law in order to change the

cultural norms of society.

International Laws regarding Domestic Violence in Bangladesh

International human rights laws provide provisions to protect women

from violation and exploitation that they might face within their public or

private sphere. However, not all member states agree to sign or ratify certain

conventions, making it difficult for United Nations to enforce laws and

methods which would protect women from violence and exploitation.

Bangladesh has so far signed and ratified the following conventions

regarding human rights protection:

1) International Covenant on Economic, Social, and Cultural Rights was

ratified on October 1998 with the declaration that article 2 and 3 will be

implemented as long as they are in accordance with relevant provisions

of the Constitution concerning economic rights and inheritance laws.

2) International Covenant on Civil and Political Rights was accessed in

September 6

2000, which basically recognized the state’s responsibility to protect and

ensure women’s rights.

3) Convention on the Elimination of All Forms of Discrimination against

Women was ratified by Bangladesh in November 6, 1984. As a state

party of CEDAW Bangladesh has the legal obligation to comply with

provisions in the convention. However, it reserves article 2, which says

that states should condemn discrimination against women, article 13.1a

and 16.1c and f, which deals with the rights within the family. The

government felt that these reservations were necessary because it

conflicted with religious Islamic laws. Recently the government

withdrew reservations on the articles

13a and 16.1f after being urged by NGOs and female civilians. There are

no reservations for articles 16.1a and b concerning the woman’s right to

choose a spouse, enter a marriage freely and abolishing child marriage.

4) Optional Protocol to the Convention on the Elimination of Discrimination

against Women- Bangladesh was one of the first ten countries to ratify

the Protocol. This protocol protected children from exploitation,

trafficking, and sexual abuse. This protocol became a national law,

placing responsibility with the adults involved in these activities. It also

states that public awareness and international co-operation should

increase in order to combat such violation of children’s rights.

5) Convention on the Rights of the Child- This Convention was ratified with

a reservation to Article 14 paragraph 1 which stated that states should

respect the right of the child to freedom of thought, conscience and

religion. Article 21 concerning adoption “would apply subject to the

existing laws and practices in Bangladesh.” Additional human rights laws

concerning human trafficking were also signed:

1) Forced Labor Convention, 1930: This convention is ratified by

Bangladesh and it states that illegal exaction of forced or compulsory

labor will be punished as a penal offense. The Convention defines

“forced labor as work or service which is any person under the threat of

any penalty and for which the person has not offered him voluntarily.

ILO also passed the International Program on the Elimination of Child

Labor, which Bangladesh signed in 1994. Basically this meant that

Bangladesh agreed to “prohibit, restrict and regulate child labor and

forced labor (prostitution and

other forms of commercial sexual exploitation.

2) UN Convention for the Suppression of the Traffic in Persons and of the

Exploitation of the Prostitution of Others, 1949: The states which ratified

this Convention agreed to punish a person who procures, entices, or leads

away, for purposes of prostitution, another person, even with the consent

of the other person. They also agreed to adopt measures to prevent

trafficking through education, health facilities, social and economic

activities and also supervise employment agencies.

3) The Supplementary Convention on the Abolition of Slavery, the Slave

Trade and Institutions and Practices Similar to Slavery, 1956: Bangladesh

is a state party to this convention and is thus obliged to “take all practical

and necessary legislative and other measures to bring about progressive

and as soon as possible the complete abolition or abandonment of

institutions and practices relating to slavery and slave trade including

debt bondage and serfdom.”

4) Optional Protocol to the Convention on the Rights of the Child on the

Sale of Children, Child Prostitution and Child Pornography, 23 October,

2001: Bangladesh was one of the first ten countries to ratify the Protocol.

This protocol protected children from exploitation, trafficking, and sexual

abuse. This protocol became a national law, placing responsibility with

the adults involved in these activities. It also states that public awareness

and international co-operation should increase in order to combat such

violation of children’s rights.

While Bangladesh has ratified these international laws, it is not enforced

by national laws. These provisions are mere declarations which should create

amendments to the national laws and where necessary new laws should be

enacted. Bangladesh has expressed its commitment to ensure gender equality

and empowerment of women leading it to pass certain policies, programs,

and legal instruments to empower women.

Government’s Role: How are International Laws Implemented?

National governments need to be aware that changing national laws

does not always “bring justice for women.” At times, laws are not

implemented enough to make the perpetrator suffer and other times it is

because of corruption and lack of access in the institution which allows the

perpetrator to go unpunished. The large number of domestic violence victims

in Bangladesh brought international awareness, forcing the judicial

institutions to create statutes regarding domestic violence. There are various

laws which were put in place to deal with this nationwide epidemic such as

the Dowry prohibition Act of 1980, the Violence against Women

Punishment Act of 1983,

Repression of Women and Child Prevention Act, which was enacted in

2000, the

Domestic Violence (Protection and Prevention) act of 2010, and the Child

Marriage Restraint act. The Dowry prohibition Act of 1980 only prohibited

taking and giving dowry while the Violence against Women Punishment Act

of 1983 were limited to violence acts such as rape and murder. These two

laws overlooked the cause of violence

which was related to women’s subordination and their role in society. With

the involvement of NGOs and civil society groups governments were

encouraged to implement new laws which recognized all forms of gender-

based violence.

The Repression of Women and Child Prevention Act, as was

described by the

CEDAW, “was formulated to protect women and children from heinous

crimes such as rape, dowry, grievous injury etc.” It made provisions for the

punishment of sexual abuse and sexual harassment. This act was the first to

introduce “capital punishment in cases of rape and grievous injuries.” It also

put restrictions on the media so that the victims' privacy is protected,

introducing the concept of safe custody as one of the most important features

of the law. However the Repression of Women and Child Prevention Act

does not fully accord with the CRC and other international instruments,

which Bangladesh has ratified. The law defines child as any person not

exceeding 16 years rather than 18 years. It also states that gender violence

will receive harsh penalties such as capital punishment which requires proof

of the offense and proper protection of witness, which is more often lacking

when dealing with these cases.

The Domestic Violence (Protection and Prevention) act of 2010 came

into force on December 2010 stating that domestic violence was a criminal

offense. This act defines domestic violence as “abuse in physical,

psychological, economical and sexual nature against one person by any other

person with whom that person is, or has been, in a family relationship…”

which complies with the definition of domestic violence set by international

statutes. The act states that it protects any women who is a victim of

domestic violence and has been in a family relationship with the perpetrator.

The complaint can be filed against any adult family relative, husband or

relatives of the husband. This act also ensures that the victim receives

medical and legal aid after the complaint is filed and that she is granted an

interim Protection Order. The punishment for domestic violence is 6 month

to 2 years imprisonment or a fine of 10, 000 taka to

100,000 taka.

The laws regarding marriage in Bangladesh were based on a

combination of religious and civil law. While civil laws dictates that 18 is

the legal age of consent for women and minimum for marriage, it is 21 for

men and there is no specific law which bans forced marriage. For a marriage

to be legal the consent for marriage is required from both parties, allowing

forced marriages to be challenged and declared invalid.199 However, if a girl

decides to oppose a marriage there is a high possibility that she will face

familial violence or even be abandoned by her family.200 The Child Marriage

Restraint Act states that marrying off minors is a criminal offense, yet

contradictory of this act is that minors can be married if consent is given by

their legal guardian. The paradoxical nature of these laws allows child

marriage and forced marriage to be continued.

Regardless of the deployment of these laws domestic violence

continues to increase. Even with these laws concerning the protection of

women’s rights, there was still a lack of enforcement of the statutes, making

it useless for such laws to exist. Such lack of enforcement creates

international attention especially from the International Commission of

Jurists. In 2003, the ICJ had a mission which was a consisted of

consultations with government representatives, lawyers, non-governmental

organizations and survivors of violence addressing the failure of the

Bangladeshi government to take fast action to punish the perpetrators of

gender violence crimes. As the research of this study has shown changing

laws or creating laws does not always make change in a nation, the whole

attitude of a society needs to change for such laws to be effective.203 The

combined efforts to end domestic violence in Bangladesh have created

awareness amongst citizens regarding abuse and women’s rights.

Domestic Violence in Pakistan

Pakistan is a country burdened with a “legacy of colonial rule,

autocracy, [an] army of ruthless power hungry members, Taliban, and

fundamental Islamic parties,” who dictate the lives of individuals. This

government, which has been based on power, has become inconsiderate to

its female population, even though women are 49% of the country’s

population. Ironically it has women figures in prominent government

positions and yet Pakistan continues to have a high rate of domestic

violence. This continuous form of violence makes Pakistan one of the “worst

countries in terms of gender gap in the world.” According to the Gender

Related Development Index, Pakistan is ranked one of the lowest when

measuring gender empowerment and is the third of the planets worst

offenders in terms of gender gap before Yemen and Chad.

In Pakistan, a woman's situation in society depends on her geographic

location and class social status. For those who live in less populated areas,

their lives are very restricted and are rarely seen to deviate from traditions,

since doing so will often be met with penalties, such as murder, battering or

public humiliation. Contradictory, in heavily populated areas, such as Punjab

and Sindh, women are often provided with greater social mobility. They are

often seen working in public areas, like fields and village areas, and are

given access to education and health care. Niaz states that in urban areas

women are given more mobility, while in rural areas about 75% of women

are suffering from “poor health, illiteracy, and constant motherhood.” This,

however, does not mean that women suffer more in rural areas than in urban

areas.207 In the rural areas, the violence that the women suffer often occurs

in the private sphere, however in urban areas women are more likely to

suffer in the private and the public spheres.208 Even with the growing

number of women in the public sphere they are still subjected to domestic

violence. Their ability to be mobile within the community is also controlled,

subjecting them to ongoing domestic violence. If a woman is unable to leave

her house, not only to go to her field, but also to local markets, neighboring

villages, and her sphere of activity is restricted. The lack of flexibility in

movement has implications for women's access to major services.

While the Constitution of Pakistan gives equal rights to both men and

women, in reality women are seldom treated as equal. Pakistan undergoes

various socially accepted gender-based crimes, such as domestic violence,

rape, murder, prostitution, and trafficking of women. While it might be harsh

to state that such crimes are accepted, it is a consequence of the traditional

attitudes that allow these acts to persist. There is a lack of recognition in the

psychological and economic abuse that occurs in women’s everyday

lives, unless there is an extreme case of abuse such as murder.

Murder in Pakistan ranges from honor killings, revenge killings and

dowry killings. The reason for murder varies within the different states in

Pakistan. Particularly in Sindh, along with other parts in Pakistan, if a couple

elopes, they may be hunted down and killed. Another justification for why a

woman is killed is due to a family’s reluctance to accept a woman spending

a night away from home; even if it is proved that she was not with a man in

order to maintain their honor. These killings have been identified as

'culpable homicide' and the perpetrator is only imprisoned for a few a

months. Revenge killings are the use of women as scapegoats to resolve any

issues between families. Often times if a woman is disliked by her in-laws or

if the dowry needs were not met, she is burnt to death, which is then passed

off as a cooking accident. There are also other forms of violence rather than

murder, such as publically humiliating women. Women who are disobedient

often are disfigured, either by cutting their hair off, or even as malicious as

cutting their noses.

In 2009, there were 1384 recorded cases of murder, 604 cases of

honor killing,

608 cases of domestic violence, 50 cases of stove burnings, 53 cases of acid

throwing and 1977 cases of violence which included trafficking, torture,

child marriages, incest, threat of violence, attempted murder and rape. Most

of these incidents occur in the private sphere, making domestic violence one

of the most prominent types of violence in Pakistan. A minimum of 80% of

women in Pakistan were victims of domestic violence at one point in their

lives.

A. Marital Abuse

Pakistan, similar to Bangladesh, considers marital abuse as a private

matter, and that outsiders should not intervene or make policy changes

regarding it. This causes women to be victims of abuse and discrimination in

an everyday basis. Most of these women face not only physical, mental, and

emotional abuse, including stove burnings, acid attacks, marital rape, and

honor killings. Marital abuse has been a major form of crime in Pakistan, a

survey showing that 35% of women in Punjab reported to hospitals after

being beaten by their husbands, it only becomes a crime when it causes

murder. The same report shows that at least 2 women are burned every day,

causing about 282 burn cases and out of those cases about 65% died.

Another form of abuse that some women encounter are acid attacks.

According to Jill Reilly, there are annually more than 100 people who are

victimized by acid attacks and some of them are left unreported. These

attacks are usually caused by anger over arguments, leaving the house

without permission, punishment for not “obeying his orders” or even

revenge attacks, as was the case of a woman whose ex-husband attacked her

after she divorced him. Besides these physical forms of domestic abuse,

most women are also victims of marital rape.

A study done by Masood Ali Shaikh, interviewed 216 women, found

that half of those women were subjected to a discriminatory act,

nonconsensual rape. According to the norms in Pakistan a woman cannot file

a complaint of rape against the husband, since the marriage contract gave

him official rights over his wife's body. However, the Protection of Women

Act of 2006, states that rape should be prosecuted under criminal law rather

than sharia law. Regardless of this law, sources state that marital rape is not

recognized as a crime, and about 88% of women in prison were convicted of

adultery after they reported rape. The discriminatory acts towards rape

victims are evident in the study of the hadood ordinance. The “hadood

ordinance” states that the perpetrator will only be punished if there is

evidence from four adult male Muslims that the rape occurred, the victim is

considered a half witness and is not allowed to testify against the crime.

Honor killings, or karo kari, are another form of familial violence

against women in Pakistan. Between the years 1998 and 2004, statistics

showed that more than 4000 people were killed, proving that karo kari is

widespread.217 Honor killings are considered as marital abuse because it

provides men with an option of killing their wives without receiving any

harsh punishment. These various acts of violence which exists in intimate

partner violence are often highly tolerated in communities, who often see

marital abuse as a prerogative of the “angry husband,” allowing marital

abuse to continue. The acceptance of marital abuse allows it to persist,

causing the cultural norms concerning female subordination to continue.

Another example of abuse which keeps women in their subordinated status is

early marriage.

B. Early Marriage

Early marriage is a worldwide concern as more than 60 million girls globally

being married off under the age of 18. But amongst that 60 million, 24% was

from rural Pakistan and 18% from urban Pakistan, and if this practice

continues, then an additional 100 million underage girls will be married

within the next ten years. Child marriage, mostly common in tribal areas, is a

practice that is rooted in patriarchal traditions and poverty causing

devastating results in the girls’ lives. Despite this custom being illegal it

continues to persist. A case regarding three girls, ages 10, 12, 13, were given

as compensation to a man who claimed that their father slept with his wife.

Child marriage continues due to the belief that girls are a “social, economic,

and religious liability on the families, who needs to be disposed of.”

However, practices such as early marriage come with long term

consequences for the child bride, exposing her to trafficking, a life of

violence, and abandonment.

According to international law, child marriages are a form of human

trafficking even if there is a lack of force or coercion. This is due to the fact

the child bride is under 18 and might not be aware of the marriage or what it

entails. Child marriage makes the girls vulnerable to violence by an intimate

partner and in-law violence. They are exposed to risks of sexual abuse,

reproductive health complications, and other psychological and social issues.

As is the case of Bangladesh and worldwide, early marriage thwarts a child’s

right to acquire education, endangering her health and causing her personal

growth and development to suffer. If the bride becomes pregnant, there are

more fears of maternal death since as a child herself, she is usually

underweight and malnourished, also increasing health risks for the unborn

babies.222 In some cases, the girl’s family fails to meet the dowry demands

set by the groom and his family, causing the bride to face fear of

abandonment.

Regardless of the issues that arise due to child marriage, this age old

practice has continued to exist, threatening the future of girl children in

Pakistan. Even with civil society organizations, NGOs and international

organizations have continued to state the negative effects of such violent acts

and traditional norms within communities allows discriminatory acts

towards females to remain.

C. Community Response to Violence

In Pakistan, domestic violence is largely impacted by patriarchal

perspectives and more often the victims suffer more in the hands of her

community than the perpetrator. Pakistan is a country ruled by male

dominance, which is a major determinant of domestic violence. The roles

that men play in the public sphere resemble their roles in the private sphere.

Since men have the decision making authority in society, they are likely to

maintain an authorial position at home also and this unequal distribution of

power increases the likelihood of domestic violence. This subordination

causes women to consider themselves as “insecure, incompetent, ineffective

and inefficient without males.” A study based on men’s beliefs and attitudes

toward intimate partner violence states that Pakistan is highly patriarchal

because of its history, sociology, and feudal dominated agricultural

economy, assigning asymmetrical power relations in the private sphere. This

distribution of power relations maintains and legitimizes discriminatory acts

towards women, such as regulating women’s behavior and any resistance of

that control would cause violence and coercion. This manifestation of

patriarchal norms regarding marital abuse has been infested in the mindset of

the community as a whole, impacting their views and actions towards other

acts of domestic violence, such as rape.

Rape, or unconsenting sexual intercourse, is known as zina bil jabr

and in order to understand this phrase, the term zina must be translated.

Many translators define zina as sins, and it was originally translated as

consensual sexual intercourse between an unmarried couple, in which case

both the man and woman are to be punished. The government’s willingness

to separate the term zina with zina bil jabr shows the society’s willingness to

see the difference between the two. However, in many tribal communities,

the victim is often accused of committing zina. A raped woman also finds

herself open to accusations of adultery and can also be convicted for zina.

There are also invisible rapes and sexual abuse of girls by family members,

which is not talked about, much less dealt with legally, leading to years of

unresolved psychological and physical problems.226

Sexual abuse is a major crime in Pakistan, and Bangladesh,

victimizing girls of all ages, but the demographic who finds themselves most

vulnerable to sexual abuse is young girls. This form of abuse is kept hidden

not only from the community, but also from trusted members of the family.

At a social gathering a few years ago, I learned that amongst ten girls five of

them were sexually abused at a young age, most below the age ten. If one

takes that at a larger scale it could be estimated that almost half of the female

population experienced some sort of sexual abuse at one point of their lives.

The perpetrators varied from cousins, brother’s friends, uncles, neighbors,

and father’s friends. Most of these girls have kept their scars hidden, fearing

social outcomes which might occur after confronting the perpetrator. The

stigma that society often puts on the victim, regardless of her age, affects her

perception of herself worth, making her vulnerable to further violence in the

future.

The community often takes an active role as a perpetrator, especially

when men in society are in control through informal justice systems, such as

fatwas or jirga/ punchayat systems. Fatwas, or religious rulings, are a form

of legalized discrimination which occurs in Pakistan. According to Anna

Mahjar-Barducci, fatwas are given out on a daily basis and often issued for

the most basic things, such as using a cell phone. In Noshki, a town in

Baluchistan, if a woman was seen using a cell phone she would have acid

thrown to her face. A major fatwa that does not only affect one town, but a

majority of Pakistani women is one that is against education. In May 2012,

Maulana Abdul Haleem, former legislator and member of the Jamiat Ulema-

e-Islam-Fazlur Rehman, stated that educating women is un-Islamic. Their

justification for this is that girls should not receive degrees and certificates in

a secular education system, because doing so would mean girls would enter

the public sphere which consists of men. In Kohistan, 97% of girls schools

were closed down and recently, in April 2012, a girls’ middle school in

northern Pakistan was bombed. There has been movement against fatwas

within the civil society, yet the government has taken no initiative to prevent

these fatwas from being issued, allowing religious traditional norms to

persist.

Jirgas/ punchayat are a group of people, specifically male elders, who

solve disputes incorporating civil bureaucrats, local police chiefs and tribal

leaders in order to solve tribal feuds and crimes. However, the

jirgas/punchayats are extremely male biased because women are prohibited

from entering jirgas be it victims, witnesses or participants. If a woman has

been raped she has no say in telling her side and in such cases, the victim is

often married off to her rapist and not doing so would make her a victim of

karo kari. Karo kari, or honor killings, is a common crime and one that

legitimizes honor killings. If a girl is murdered, the perpetrator could declare

that she was involved in an illicit relationship, which would vindicate

them.231 Even though honor killings are punished with a life sentence, the

culprits are rarely punished, allowing the practice of honor killings to

continue. The High Courts in Pakistan state that jirgas/punchayats are

unlawful because it discriminates against women. This informal justice

system continues to exist in various tribal parts of Pakistan that are farther

away from the central government location. These informal justice systems

cause traditional norms to persist even though the government has approved

international laws and national laws fighting such discrimination.

D. International laws regarding domestic violence in Pakistan

If member states do not sign or ratify certain international conventions, it

makes it difficult for the United Nations to enforce laws and methods which

would protect women from violence and exploitation. However, countries

often have reservations which allow them to accept international law and

continue to maintain their cultural norms. According to some governments,

the country should be able to maintain their own cultural values, without

international legislations controlling their values. Pakistan is a federative

republic consisting of provinces that have separate laws regarding family

law and child welfare.

This lack of unification of the legislation makes it difficult for implementing

federal legislations. The following human rights conventions that Pakistan

has so far signed and ratified come with reservations in which the

government seeks to protect themselves from what they call “Western

human rights”:

1. Convention on the Rights of the Child was ratified in November 1990, but

with reservations that the Convention will be interpreted according to

Islamic laws and values. Its reservation on Article 14 would justify since it

states that children have the right to practice their own religion and have

the right to think. While the convention states that parents are allowed to

raise children within their cultural traditions, Pakistan cannot enforce this

article throughout the country due to it being a federative republic. Also,

Islamic law states that the parents or guardians have the best interests for

the child and he/she will not have a stand on any important decisions in

his/her life, especially marriage.

2. Accession of the Convention on the Elimination of All Forms of

Discrimination against Women was on March 12 1996 however it stated

that it does not consider itself bound by paragraph 1 of Article 29. This

article highlights that state parties’ disputes concerning the interpretation

or application of the Convention can be settled by the International Court

of Justice if requested. However, the declaration that was made was that

the accession to the Convention is subject to provision of the Constitution

of Pakistan. Even if the Convention and the Constitution states similar

opinions regarding women’s rights, it is difficult to enforce these laws

throughout Pakistan.

Pakistan has not ratified many of the Conventions which protect

individual rights. This lack of acceptance is due to the internal division about

the acceptance of international human rights laws. There are several

conventions that Pakistan agreed upon concerning slavery, prostitution and

trafficking

3. Convention for the Suppression of the Traffic in Persons and of the

Exploitation of the Prostitution of Others was ratified on July 11 1952

states that trafficking and prostitution is incompatible with the “dignity

and worth of the human person and endanger the welfare of the individual,

the family and the community. The members of the

Convention also agree to punish any person who “to gratify the passions of

another: (1) Procures, entices or leads away, for purposes of

prostitution, another person, even with the consent of that person;

(2) Exploits the prostitution of another person, even with the

consent of that person.238

This article can be used to punish most rapists since if a girl is raped,

society perceives her as a prostitute. By agreeing to this Convention,

Pakistan agrees to punish rapists, yet this is not the case because in most

situations it is the victim who is punished for the rape.

4. Supplementary Convention on the Abolition of Slavery, the Slave Trade,

and

Institutions and Practices Similar to Slavery was ratified on March 20, 1958.

It stated that

“freedom is the birthright of every human being.” It also prohibited people

being held in slavery or servitude or acts of slavery such as debt bondage,

serfdom, bride price, dowry, selling of brides, bride inheritance, or child

labor. Article 2 states that member states should “prescribe, where

appropriate, suitable minimum ages of marriage.”

Regardless of these articles, Pakistan does not have any reservations

concerning this Convention, yet it has not fully implemented this article, as

evident in the trafficking routes that goes through Pakistan from Bangladesh,

Myanmar and other countries towards the Middle East or even Pakistan

itself. Many girls are also victims of child marriage, even though the

government states what the suitable minimum age is for marriage, 16.

5. United Nations Convention against Transnational Organized Crime was

signed on December 14, 2000. Signing a convention is different from

ratification, since signing does not establish that the consent is bound, but

the state is qualified to ratify the Convention. By signing the convention,

Pakistan is obligated to refrain from acts that would defeat the object and

the purpose of the treaty. This “convention promotes cooperation to

prevent and combat transnational organized crime.” It also has a

reservation on Article 35.2, which claims that states parties’ disputes

concerning the interpretation or application of the Convention can be

submitted for arbitration. In addition to these Conventions the Pakistani

government has made initiative to observe international human rights law,

as is shown in many of its national policies.

E. Government’s Role: How are international laws implemented?

The number of domestic violence cases in Pakistan led to the changes

in national law to include women’s human rights. According to Siobhan

Mullally, Pakistan made judicial decisions which attempted to draw on

concepts from international laws that focused on rights and equality.

While the Convention on the Rights of Children stated that child

marriage should be prohibited, Pakistan has its own law Child Marriages

Restraint Act 1929, which makes child marriage illegal but the punishment

is either one month of imprisonment or paying a fine. This however does not

nullify the marriage. Similarly Pakistan also passed the Criminal Law Bill

2004 which was against honor killings, yet allows the perpetrator to seek

forgiveness from the guardian by providing retribution or being given

forgiveness in the name of God without any monetary compromise.

One of the recent laws which was focused on women’s rights and

protecting women was the Protection of Women Act (Criminal Law

Amendment), 2006. Its purpose was to “provide relief and protection to

women against misuse and abuse of law and to prevent their exploitation.”

This law states that rape should not be prosecuted from sharia (Islamic) law,

but rather under state criminal law. This was the law that stated the

difference between zina and zina-bil-zabr since differentiating them would

cause people to be aware that rape should not be categorized as zina.

However, some state that most people in Pakistan have the patriarchal

mindset, especially law enforcement agencies, making it difficult for this law

to be implemented. Finally, the Parliament passed the

Domestic Violence (Prevention and Protection) Bill in 2009, which attempts

to “prevent and protect women and children from domestic violence using a

network of protection committees, and protection officers and prompts

criminal trials for suspected abusers.” This law is critical because it causes

domestic violence to become public, criminalizing an act that once stayed

behind closed doors. According to Minister in charge Yasmeen

Rehman, this policy adopts a “zero tolerance for violence against women

and introduces positive legislation on domestic violence.”

Widespread traditional practices make women more vulnerable to

violence, making them the predominant victims of conflict, sexual violence,

injury, death, intimidation, and human trafficking, eventually preventing the

“wealth and well-being” of the country itself. While international law makes

efforts to change these traditional norms in countries through adjusting

national laws to accept international human rights norms, many of these

norms continue to exist. New laws regarding domestic violence would not

benefit women, especially if it is not implemented nationwide. Regardless of

how strong the laws are, if they are not well implemented, then patriarchal

societal norms will continue to persist, effecting the economic growth of the

country.

Cost of Domestic Violence

Domestic violence is a global epidemic, which limits a woman's

choices at home, work, school, and community spaces leading to physical,

emotional and social consequences. These consequences prevent women

from reaching their fullest potential in society. As a result the limitations

lead to significant costs to individuals, children, families and countries.

According to the “Gender Matters” article, gender-based violence is a major

cause for death and disability for women between ages 14-44, and domestic

violence rates are higher than other forms of death such as cancer, car

accidents and malaria. Domestic violence ultimately affects women’s ability

to be productive in the private and public sphere, proving that it is more than

a human rights issue, but also an economic issue.

The economy of a nation depends on how much it makes and how

much it spends. Therefore it is necessary to find out how much domestic

violence costs nations. It is critical to have cost estimates of the impact of

domestic violence because a cost analysis influences policy makers to form

decisions regarding public policy and allocation of public funds. An analysis

of the costs also ensures further information regarding prevention strategies

or programs. There are two costs which can be used to understand the

consequences that gender-based violence, or in this case domestic violence,

have: direct costs and indirect costs. Direct costs are “actual expenditures

related to gender-based violence.” An accounting methodology, used to

calculate such expenses, establishes the “unit cost of a specific service, such

as health care, judicial or social services, and multiplies this unit cost by the

number of times the service was used.” Direct costs are often difficult to

measure in developing countries because they lack funding for services and

actual expenditures do not always indicate that public goods are being

provided. It also does not take into consideration the impact that violence has

on the witnesses, specifically on children. Furthermore, there is a possibility

that victims are not provided with services because of the social attitudes

towards women which do not acknowledge that they require aid and that the

violence has actually taken place.

These attitudes and lack of a “base of reference such as Gross Domestic

Product (GDP) or cost estimates for other social issues, makes it difficult to

estimate the direct costs of domestic violence in a developing country.” In

such cases, it is useful to calculate the indirect costs of gender-based

violence.

Indirect costs are a result of the calculations of loss of productivity

from paid and unpaid work, as well as the “foregone value of lifetime

earnings for women who have died.” It also includes the lost productivity of

abusers due to incarceration. In Nicaragua and Chile, women suffering from

violence led to families losing 1.6% to 2.0% of the GDP, while in Colombia

it was calculated that women who were abused made about 14% lower

earnings than women who were not abused. Any form of intimate violence is

recorded to have 34%-46% reduction in earnings.254 Loss of earnings are

calculated similarly to how direct costs were calculated, through an

accounting method.

This method calculates the number of days missed due to abuse multiplied

by the mean daily earning regardless of temporary or permanent injury.

Besides the direct and indirect costs of domestic abuse, there are also

the social costs. Social costs are calculated through the contingent valuation

methodology, which calculates how much people are willing to pay to be

free of gender-based violence. However, putting a monetary value on

fundamental human rights is opposed by international conventions such as

CEDAW and Belem do Para, which is why it is critical to analyze the non-

monetary value of violence.

Non-monetary costs of domestic violence focuses on three types of

costs: disability adjusted life years lost (DALYs), impact on health and

education outcomes: naïve comparisons and prosperity score matching.

Disability adjusted life years lost focuses on premature death, physical

injuries, and mental abuse which may be difficult to calculate as most

developing countries lack the public health data to estimate these conditions.

However, this method is useful since it can be used to calculate the cost

effectiveness of preventing GBV and creates a very accurate estimate of the

health impact associated with it. An issue with the disability adjusted life

years costs is that it does not take into account the use of the judicial system

and productivity losses.256

The next non-monetary cost is the impact on health and education outcomes,

naïve comparisons, which uses confidential surveys for research. It contains

data on the health and education outcomes for all household members.257

This survey then compares those who are not suffering from violence,

known as the control group, with the results of those who are victims. The

weakness of this method is that the survey results are dependent on the

strength of the control group. The last method analyzes the propensity score

matching which uses control groups not as a basis of values but rather as the

“estimated probability of suffering intimate partner violence.” For both

cases, the surveys make it difficult to understand whether or not the cost of

violence is underestimated or overestimated. These various methods of

calculating the cost of domestic violence all have one primary point in

common: it has a major impact on a person, the family, the community, and

the country.

Due to the difficulty of calculating the direct costs of domestic

violence, the use of indirect costs to measure the impact is common. The

“Reporting Gender-based violence” article states “indirect cost of violence

against women to development is extremely high.” Women make a major

contribution to the family's income by making up two thirds of the unpaid

labor force. Thus they contribute about $11 trillion per year. Domestic

violence affects the contribution that women make in the public and private

sector.”

In the private sector women are in charge of the reproductive labor,

which includes: chores, cooking, child rearing and childcare, and even caring

for the sick and elderly. While women are responsible for the growth of the

future generation, they often have to deal with domestic violence which

leads to a higher possibility of suffering physically, mentally and often

causes reproductive health problems. Physical problems are the obvious

consequence of violence because it includes broken bones, scars, bruises and

sometimes even chronic health conditions; however mental problems are

most likely to be less obvious with more lasting consequences. Victims with

mental issues due to violence suffer from depression, post-traumatic stress,

central nervous system disorders, and suicide. The reproductive health

problems affect both the mother and any children she might conceive. The

victim might be prone to having gynecological disorders, unwanted

pregnancies, problems with childbirth which causes high risk pregnancies,

miscarriage, preterm labor, and low birth weight. In addition to these health

problems there are also monetary losses if the victim works outside the

home. Violence at home affects the victim’s ability to contribute productive

labor because she might be forced to stay away from work due to injuries.

Most women also lose their jobs because of absences, causing a loss of extra

income in the family. Domestic violence in the public sphere is impacted by

patriarchal power relations in societies. Patriarchal power relations deny

women “access to education, equally paid work, …access to services,

exclusion from certain jobs, denial of enjoyment and exercise of civil,

cultural, social, political rights.” The state contributes to the violence by not

providing adequate policing to protect women, such as ensuring sufficient

staff, infrastructure and vehicles dedicated to protect women. The state also

has the responsibility to provide victims with a proper health care system

which varies from emergency services to psychological care, access to

contraceptives, all of which require additional financial and human resources

that many developing countries do not have access to. Thus, preventing

domestic violence costs the government less in the long run. Until they take

steps to do so, billions of dollars of national budgets have been spent every

year in terms of “police, health, legal and other expenditure, hence eroding

economic development of countries.”

A country's economic development is eroded by domestic abuse because it

affects all aspects of everyday life. Business Dictionary defines economic

development as “progress in an economy or the qualitative measure of this.

Economic development often refers to the adoption of new technologies,

transition from agricultural based to industry based economy and general

improvement in living standards.” This improvement of living standards for

women is measured by the World economic forum gender gap index, which

bases it on: “life expectancy and sex ratio at birth, education, economic and

political participation, and political empowerment.”264

Gender-based violence often serves as a direct break on socio-

economic development by affecting women's health, education, social and

economic prosperity. E. Boserup states that women are critical factors who

impact the success or failure of a country's development policies.

Development projects focusing on physical capital, such as transportation,

water and sanitation, or infrastructural maintenance projects are impacted by

domestic violence. Often simple projects such as building a water system or

waste management system are hindered by a woman's limited movement due

to fear of public transportation, security vulnerability, or domestic abuse.

Decisions and behaviors

restricted through violence, whether its insecurity or fear, affects the

community’s capacity to “maintain and renew its natural capital base

[which] will be compromised.” These are just a few examples of how

domestic violence perpetuates and worsens poverty and vulnerability,

hindering the economic growth of countries.

The primary development goals of the World Bank have been to

promote economic growth, reducing poverty, and support equality and social

inclusion. Many of the interests were focused on involving women in

development programs and projects, focusing on encouraging women in

production. While countries are willing to establish economic growth by

promoting programs on poverty reduction, programmers should keep in

mind that economic growth does not contribute to the quality and availability

of services. Economic growth might increase the GDP, which would lead to

an improvement of socioeconomic indicators, but women would still suffer

from domestic violence, especially if these benefits are not equally

distributed.

Domestic violence is reinforced and sanctified by local norms and

structures regarding various types of domestic violence such as rape,

murders, child marriage, honor killings, marital violence, and trafficking.

These norms hinder women's ability to access assets and resources and seek

legal response. These disparities limit women's capacity to not only

participate in, but also benefit from, development initiatives.

Economic growth of a country is measured through its productivity of labor,

ability to allocate efficiency of the economy, investments in human capital,

investments in physical capital and functioning markets and institutions, all

of which are prevented from progressing due to attitudes concerning

domestic violence.272 In order for countries to develop, governments have to

understand that domestic violence causes almost half of its population to be

unproductive, driving up the extra costs that domestic violence has on the

nation.

Cost of Domestic Violence in Bangladesh

In the year 2011, Bangladesh is said to have 150,493,658 people with

a family size of 4.8 persons per family.273 274 With this large and growing

population Bangladesh has high levels of economic and social poverty,

which increases women’s vulnerability in society alongside patriarchal

social norms. This vulnerability is reflected in their lack of mobility within

the public sphere causing women to be victims of early marriage, marital

abuse, acid attacks, and human trafficking. This social vulnerability

negatively impacts the individual and the nation.

In 2013, Bangladesh has a UN Gender Inequality Index ranking of

146. The Gender Inequality Index reflects inequality between men and

women in three places: reproductive health, empowerment, and labor

market. The lack of progress that it has had regarding gender equality over

the past few years has cost Bangladesh economically, impacting its

development as a nation.

The direct and indirect costs of domestic violence impact the

development of a country. According to a study done by Dr. Khatun about

77% of victims spend money for physical injury and total health care

expense for each victim is approximately 10,000 taka. However, it is

difficult to measure psychological injuries caused by domestic violence.

Most women are not likely to receive help for psychological problems, the

study showing that about 15% of victims go to therapists for help. This is

due to victims’ awareness of the need for psychological health care, while

others are reluctant to receive psychological help due to the costs attached to

it. If a victim was to receive both psychological and physical health care they

would often see themselves spending more than 20,000 takas, which is

difficult for most women to pay for. Some victims also prefer not to go to

the doctor because of monetary reasons, unless the violence causes major

injuries. If a woman chooses not to go to the doctor direct costs become

difficult to calculate. Other costs should also be accounted for such as if the

community gets involved it the dispute or if the victim is displaced. If the

community gets involved in marital abuse, a shalish is usually held. In order

to hold a shalish one would usually have to spend about 198,175 takas. If a

woman is displaced, her cost regarding displacement is about 355,605 taka.

There is also the cost of transportation and food to courts, money required

for justice from the legal system, extra money required for seeking justice,

the number of lost working days and the cost that the perpetrator/victim has

incurred in order for the court to rule in their favor. These combined costs

directly impact the national GDP.

In Bangladesh domestic violence occurs in almost 40% of families

which is 1.18% of how much the GDP that will be affected from direct

monetary cost, while the combined cost of violence of the nation is about

2.05% of the GDP. This amount is equal to the government’s expenditure for

the annual health and nutrition sector. If laws concerning domestic violence,

a social evil, were implemented at every level of society, wasted amount of a

nation’s GDP could be beneficial towards other social programs. The total

costs of domestic violence play a significant role in the national budget and

eventually on Bangladesh’s development, as it does in the case of Pakistan.

Cost of Domestic Violence in Pakistan

In the 2012 UN Gender Inequality Index, Pakistan was ranked 146 out

of 169 countries and it was estimated that one third of its population lived on

US $1 a day or less. There is also a lack of progress concerning the

Millennium Development Goals such as primary education, child mortality,

and maternal death. Pakistan suffers from severe lack of gender equalities,

lack of human development, service access, basic rights, participation in

economic activity and decision-making. The negative development of

domestic violence has led to an increase of insecurity and vulnerability.

Domestic violence causes Pakistan to “pay the price of more poverty,

malnutrition, and illness…disempowering [it] from optimizing economic

opportunity.”281 The women who are visible in the labor market or even in

the fields, often deal with difficult household chores, such as fetching water,

taking care of the farm while the husband is working, cooking, taking care of

the children and washing clothes, etc. The Pakistan Participatory Poverty

Assessment article states that women's active role in household activities

increases their ability to contribute to the household. This also increases

women's ability to access services and undertake activities that were limited

to them previously. In various districts such as Goth Budho Khan Khoso,

Mirpurkhas District, Sindh, and Sanghar, men state that they have learned to

respect women’s opinions and women also agree that there have been

positive changes. In Baluchistan, women state that earning an income raises

their value and gives them independence.284 Despite these positive changes,

Pakistan still has major issues of negative development rather than economic

growth.

For women, domestic labor is a form of informal female-oriented

labor which is not recognized as valuable labor in Pakistan due to the

“cultural, social, moral, and ethical roots of society.” Not being able to

benefit from the fruits of their labor often diminishes their will, confidence,

and determination, leaving them vulnerable to violence. Women in Pakistan

make up 28% of the total workforce yet they produce 40% of production.

Zahra states that it is difficult to abolish such patriarchal mentality since it is

inherent in the system and the state.

Since the late 1970s, gender inequality has been on the government agenda,

And “women development issues were considered urgent and became a

priority for the government.” The government and international donors have

made an effort to improve social indicators, such as health, education, family

planning, and rural water supply, known as the Social Action Program. The

program produced some positive outcomes including an increase enrollment

in schools, and a decline of infant mortality, however, it was a small number

compared to other countries with a growth rate similar to Pakistan. While the

government was committed to redressing low female human capital through

equal distribution of schooling, Pakistan still had a low female enrollment.288

These various types of negative developments had been influenced by

Pakistan’s lack of economic development as a result of patriarchal norms

and discrimination.

Claiming that gender-based violence is an economic development

issue emphasizes the importance of understanding the cost that domestic

violence has on a country. An Economist article states that countries should

forget China, India, and the Internet, because economic growth of a country

is driven by women. Economic growth of a country focuses on the access of

economic resources and gender-based violence is a form of inequality which

hinders such access. Domestic violence is not simply just violence against

women; it represents the attitudes that a country has towards women, the

lack of resources provided to women, and the lack of economic resources

that women are provided with. While there are new programs and policy

recommendations which are passed, domestic violence continues to persist

in Bangladesh and Pakistan.

Policy Recommendations and Conclusion

Domestic violence is a pandemic which has affected women of all

race, class, and ages This crime crosses boundaries leading to a denial of

fundamental rights and health consequences; it also impacts the economic

growth of countries. For countries such as Bangladesh and Pakistan, when

economic prosperity is already a major dilemma, the extra cost that comes

with domestic violence becomes a burden for the nation. Regardless of the

cost and importance of domestic violence, attitudes in these two countries

continue to be impacted by the patriarchal cultural norms at the individual

and community level. These norms then influences state laws, making it

difficult to implement international laws which are dedicated to the

protection and empowerment of women. Although Bangladesh and Pakistan

have had different policies and laws which recognize and acknowledge

domestic violence and they took efforts to prevent it and provide aid to the

victims, cultural norms and domestic violence continue to persist.

Existing policies in Bangladesh

The research for this thesis shows that although governments have

signed and ratified many of the international laws regarding domestic

violence and women’s rights, violence against women continues to persist.

In Bangladesh, the government, alongside NGOs, worked to protect women

and provide them with aid and empowerment. However, while police and

legal assistance and empowerment are necessary, it is more critical that the

policies and programs are directed towards education and public awareness

of violence. There were various efforts taken by the Ministry of Women and

Children Affairs (MWCA) to protect women from violence such as national

and district women prevention cells, a crisis center for providing medical,

legal and police assistance, shelter homes for oppressed women, and mass

awareness against the oppression of women. However, this failed due to

“limited human resources, lack of trained counselors and emergency staff,

legal constraints of the police and inconsistencies [in the] complaints."

Nevertheless, there are still efforts being taken to end acts of domestic

violence with the help of NGOs such as BNWLA and Mahila Parishad,

which open up different resources to help the victims of abuse. The

representatives of BNWLA offer legal and psychological assistance

regarding personal security, contacting police, trauma counseling and other

services. Another NGO, Samhati, located in the USA, provides financial

assistance to NGOs, such as Mahila Parishad, to run a shelter for abused

women and children, providing for food, shelter, clothing, counseling

services, education and training for women.

The Bangladesh National Women Lawyers Association, BNWLA, has

held various meetings and discussions concerning domestic violence. On

July 7, 2007, they held the discussion “combating domestic violence: the

way forward” in which they talked about the experiences of fighting against

domestic violence and the different ideas of policy reform and community

intervention to address domestic violence. The goal of BNWLA has been to

set up legal aid, rehabitational services to victims of domestic violence. It

has already implemented an advocacy campaign in 36 unions under nine

districts of the country, which states that domestic violence is a crime. This

led to an independent domestic violence act to be drafted with the help of

experts, judges and journalists and simple citizens. The main issue that has

been brought out is the importance of community support to end domestic

violence. This organization created community counseling centers which

addressed domestic violence at a community

level.

Existing Policies in Pakistan

In Pakistan, there are similar programs and centers which provide

women with protection and empowerment policies. Like Bangladesh,

Pakistan also has NGOs and government agencies that work together to

ensure that victims are provided with services necessary for them to escape,

recuperate and become independent. There are 26 government-funded

Shaheed Benazir Bhutto centers for women that provide victims with shelter,

legal aid, medical treatment, and psychological counseling. These centers are

temporary, and for future aid, they are often referred to dar ul aman,

government run shelter homes. There are 200 provincially run dar ul aman

with access to medical treatment, limited representation and some vocation

training. However, according to Filomena Critelli and Jennifer Willet, these

shelters often become perpetrators because in some cases the women are

kept locked away from society. It is almost as if they are under house arrest

and cannot meet anybody outside without permission from court or their

lawyers. However, the shelters run by NGOs were very different than the

government run ones.

Pakistan has two NGO run shelters, Dastak and Panah. Dastak is

located in

Lahore and is privately owned. It holds 25 women and 45 children, but

because of their

“accept everyone in need policy,” at times they provided shelter to about 70

women and their children. Dastak, similar to the government run shelters,

also has women stay there for at least three months; however there are some

cases where the women have stayed for years. For the security of the

women, Dastak is protected by armed guards. The other NGO run shelter,

Panah in Karachi, also has tight security. Panah, however, has private and

public ownership and holds 40-45 women and children. Most of the victims

who reside in Panah were referred there by court, NGOs, lawyers, and

police. Panah provides the victims with shelter, legal and medical aid and

rehabilitation services. Both Dastak and Panah provide women with

independence rather than perceive them as weak women who require

assistance.

The NGO programs are often criticized by the public for allowing

women to go out. Even though the community understands these women

require shelter, they want to maintain power over women. However, these

NGO programs work with a human rights framework, one that supports

women’s independence and ability to stand on “their own feet.” This is done

through skills training programs, film screenings, theater and art workshops,

and providing women with jobs at the shelters and enabling them with skills

regarding marketable skills and how to accumulate savings. At times

subjects such as sexuality, reproductive health, and knowledge of women’s

rights in marriage and the family are addressed.298 These policies and

programs have made amazing strides towards working with women and

empowering them. However, there are still cases where if a woman leaves a

shelter or becomes independent, she is often threatened or in extreme cases,

murdered by her family. Women continue to feel unprotected and abused in

the private and public sphere, emphasizing the importance of community

collaboration regarding protection of women. It is critical for women to be

empowered, yet if the programs and policies do not make efforts to also

educate the men, it will be difficult to implement laws.

While cultural norms have allowed discrimination and abuse to persist

against women, the reason why these norms continue to exist is the power

relations that have been in place for centuries. Women have for so long been

subordinate to men that men often feel as if it is their duty to control women.

Empowerment is necessary to create an egalitarian society, yet some men

feel threatened if the women in their households make more money, which

then increases the chances of being subjected to abuse.

Policy Recommendation

In order for intervention and prevention programs to work, it is necessary

that negative stereotypes and traditional gendered norms are nonexistent.

According to Rubeena et al, men and society in general need to be educated

about domestic violence and the benefits of women’s social and economic

empowerment. Most people also lack the knowledge of domestic violence’s

affects on the victim and in society in large. Any new policy would need to

be integrated to existing policies and programs. The following policies

require community, state, international and MNC cooperation, all working

towards one goal: acknowledging the effects of domestic violence and

protecting women from it.

1. I would recommend the creation of CEDAW (Children Eliminating

Domestic Abuse of Women). It is critical that violence preventing

strategies and programs focus on children. One should look at the

policy of ending domestic violence as akin to the D.A.R.E programs

that was primarily active in the ‘90s in most inner city schools.

D.A.R.E, or Drug Abuse Resistance Education, is a program that

teaches kids what they would need to do to avoid involvement with

drugs, gangs, and violence. This program was directed towards 6th

graders who were soon transitioning to junior high school. Every

Friday, a counselor from D.A.R.E would come and there would be

activities, skits, songs, and movies, all dedicated towards preventing

and bringing awareness about drugs, gangs and violence. I suggest

that a similar program is put in place in Bangladesh and Pakistan.

This program would be working towards preventing and

bringing awareness about a major form of gender-based violence,

domestic violence. Since both Bangladesh and Pakistan have

programs where there are the police officers, lawyers, doctors and

nurses, shelter coordinators, and other professionals who are working

to prevent and empower women, these professionals should go once a

week to various schools. They should teach children about the effects

of domestic violence, their own roles in ending domestic violence, and

what the children can do to ensure that such violence is prevented in

the future. There can be fundraising events, fairs, dances, art contests,

skits, all of which would be centered towards ending domestic

violence. If there are children who are witnessing this violence at

home, there should also be counselors for them. To ensure that parents

are involved, pamphlets can be handed out to children about meetings

that would occur every Friday for adults. Friday is a day where people

do not work and to encourage parents to come, food could be used as

an incentive, or it could be a potluck event where the school staff

brings food. However, in cases where children do not go to school,

there should still be community outreach programs in the form of

events, fairs, dances, contests, skits, where there would be speakers

about domestic violence. In a small community, even if the whole

community does not begin to change its patriarchal perspectives, if a

few individuals change their opinions, collaboration between those

individuals and the organization would ensure further change in the

community.

2. Community level:

a. Public Awareness: It is critical that domestic violence is taken out

of the private sphere and put in a public forum. This can be done

through a publicity campaign, where a face is put on the violent

crime of domestic violence. This is similar to the major campaign

against domestic violence in Saudi Arabia, where ads were

distributed, showing a women in a burqa (full body robe) with only

her eyes visible, one of which sports a black eye, with a phrase that

states

“some things can’t be covered.” I believe that this is a

commendable job done by Saudi and propose similar

advertisements to be publicized in Bangladesh and Pakistan. Abuse

of women is still considered hidden; hence making it an accepted

crime in society, and advertisements makes the crime visible by

putting a face on the crime. There should be ads of abused women,

one example of a tag phrase being, “heaven lies beneath your

mother’s feet,” which acknowledges a woman’s worth in society

through the use of a term that is found in the Quran. By doing this,

any opposition towards “western human rights norms” will be

diminished, because the Quran will now be used to prevent

domestic violence. This requires cooperation from religious

leaders, media, and grassroots human right organizations.

b. Nari adalat: With steps being taken to bring about awareness in

communities regarding domestic violence, the next policy would

be the most difficult to bring about. It is the policy of having nari

adalats, or women’s court, within various communities. There is a

similar system in India which emerged in the mid ‘90s from a

“government initiated program to develop women’s collectives in

villages.” This is a form of informal court system which handles

women’s legal problems such as harassment, divorce,

abandonment, sexual abuse, child custody and marital abuse. This

form of informal justice system relies on pressure and shaming. In

a village in Gambia, if a man abuses his wife, she can take it to the

imam (religious leader in the community) and look for ways to

stop the abuse. One way the imam deals with this is the spouse is

tied to chair in the middle of the village and all the women in the

village hits him with shoes. Nari adalats and other forms of

informal justice systems achieve in making violence more open

and a public offense.

3. National/international level

a. Partners in Equality: Training spots at garment factories. Another

form of awareness program that I propose is called Partners in

Equality. This program will be located in urban areas where there

are garment factories. Most of the garment factories are owned by

Multinational Corporations (MNCs) and this creates an

opportunity to have training classes for the workers. This would be

different than actual job training, since this will be equality

training in the work place. The ones who are in charge of the

training would be the same professionals who are part of the

CEDAW program, which is mentioned in the first recommendation

It is important for the MNCs to understand that they would

need to make their factories safe for women to work in. While the

United Nations lacks the authority over MNCs to enforce factory

regulations, the International Labor Organization does and that

grants them with the authority to promote factory reforms, making

factories a cleaner and safer place to work. Factory reforms will

have to be the first step for this program to progress. This program

will be focused on changing the gender power relations that exist

in society by training people in equality and acknowledging

women’s worth in society. They are also going to be taught the

cost that domestic violence has on their own personal lives and the

overall economy of the country. The research completed shows

that most people are unaware of the costs of domestic violence. As

the working class, these individuals value their money and if they

are aware of the costs of domestic violence, they will be more

likely to acknowledge the consequences that come with it. United

Nations should pressure the MNCs to open these equality

awareness sessions near garment factories, and allowing their

workers to go there during their lunch time, because it would mean

more productive workers for the factories.

These policies have been concentrating on bringing about awareness

regarding domestic violence. It does not deal with legal reform because both

Bangladesh and Pakistan had legal reforms recently, where they changed

laws and created new ones to protect and prevent all forms of domestic

violence. However, most of these laws are opposed by communities and

political religious leaders, who states that these bills

“promote Western culture.” Implementing international law is critical, but

the existing patriarchal norms and western opposition is a barrier to

implementation nationwide. These policies have to be focused on going

beyond implementation and focus on bringing about awareness and

acknowledgement. Women can be empowered through education, jobs, and

political leadership, yet if patriarchal traditional norms continue to exist

women are still going to be victims of abuse.

The findings of this thesis show that domestic violence is influenced

by patriarchal traditional norms which maintain strict power relations in

society. Both Pakistan and Bangladesh have signed and made efforts to

change national laws to protect and prevent domestic violence. Regardless of

these changes, domestic violence has continued to equally affect women.

Research shows that cultural norms are one of the major factors that

allow domestic violence to continue to persist, these norms allows men to

maintain their power

in society. These norms and values form women’s roles and responsibilities

in society, which leads to domestic violence. This thesis is not stating that

getting rid of cultural norms will end domestic violence; far from it,

domestic violence continues to exist all over the world regardless of where

the country is located and the economic development of the country. But

rather, Bangladesh and Pakistan are the targets of this thesis because of their

status in the world as two of the worst countries for being highly influenced

by cultural patriarchal norms which allows the exploitation of women. While

there are existing policies which work towards ending domestic violence and

protecting women from such acts, violence still continues to exist.

Overall, this thesis stresses that it is necessary to understand that

traditional gender norms prevent the implementation of international laws at

the state and domestic level regarding domestic violence. Gender inequality

has been embedded in the attitudes and culture of the patriarchal society of

Bangladesh and Pakistan. With the combined efforts of the government,

NGOs, and international institutions, issues of gender violence have been

made into public issues creating awareness in the society itself. While

opportunities for women are opening, women will continue to face violence,

especially because such inequality exists in the culture and attitudes of the

society. In order for international laws targeting domestic violence to be

implemented, it is crucial for the country to act as a whole and agree upon

beliefs that define gender roles in society as equal and productive.

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