Breaking the chains: Social conditioning and legal barriers faced by married women

In Bangladesh, married women face significant challenges in achieving equality and independence. Social conditioning and legal barriers perpetuate gender-based inequalities, limiting women's potential and denying them the basic rights and freedoms that are essential for their well-being and success. 

Despite these challenges, efforts are being made to break the chains and empower married women in Bangladesh. Legal and policy reform, education, awareness-raising and economic and political empowerment are all essential components of this multifaceted approach. 

By challenging harmful gender stereotypes, promoting gender equality and increasing women's access to education, employment and entrepreneurship opportunities, we can hope to achieve gender equality in Bangladesh.

One of the most significant aspects of the social conditioning of married women in Bangladesh is the expectation that women will prioritise their family and domestic duties above all else. Women are expected to be the primary caretakers of their households and to maintain domestic harmony. This creates significant barriers for women seeking to achieve equality and independence, as it limits their opportunities for education, employment and other forms of personal development.

Another common expectation placed on them is their behaviour and dress. Women are often expected to dress modestly and conservatively, covering their bodies and wearing traditional clothing such as sarees or salwar kameez. They are also expected to behave in a demure and meek manner, avoiding any behaviour that may be perceived as too forward or assertive. This expectation further limits women's autonomy and freedom, as they are unable to express themselves freely and openly.

Their social conditioning also affects their interactions with the outside world. Many women are expected to limit their social interactions to their immediate family and close friends. They may be discouraged from pursuing activities outside the home, such as sports or social events. They may also be discouraged from interacting with men outside of their immediate family. This expectation limits women's opportunities for personal growth and development, as well as their ability to participate fully in society.

In addition to societal expectations, there are also legal and institutional barriers that prevent them from achieving equality and independence. Discrimination against women is still prevalent in many areas of society, including the workplace, education and access to healthcare.

One example of legal discrimination against women in Bangladesh is the Personal Laws of Muslim and Hindu communities, which govern issues such as marriage, divorce and inheritance. These laws often favour men and restrict women's rights and autonomy. 

For example, the Muslim Personal Law (Shariat) Application Act, 1937 and the Muslim Family Law Ordinance, 1961 give the husband more power in divorce proceedings. The Shastria Law infers that the primary purpose of a Hindu marriage is to produce a male heir. The Hindu Widow's Re-marriage Act of 1856 prohibits Hindu widows from inheriting the property of their deceased husband. The Succession Act of 1925 grants male heirs a larger share of inheritance than female heirs, perpetuating gender inequality in property rights.

Women may also face discrimination in the workplace with lower wages and limited opportunities for career advancement. Discrimination against women is also prevalent in education – girls often receive lower-quality education than boys. This limits women's opportunities for personal growth and development and their ability to participate fully in society.

To address the challenges faced by them, a multifaceted approach is needed. Legal and policy reform is essential to address discriminatory laws and policies that perpetuate gender-based inequalities. This includes amending the Personal Laws to ensure that women's rights are protected, as well as enacting laws and policies that promote gender equality in the workplace and education.

Education and awareness-raising are also crucial to challenging and changing societal norms and expectations that limit women's potential. This includes programs that promote girls' education and awareness-raising campaigns that challenge harmful gender stereotypes and promote gender equality. Educating men is also important to promote gender equality, as they play a crucial role in perpetuating or challenging gender-based inequalities.

Finally, promoting women's economic and political empowerment is essential to address the structural inequalities that prevent women from achieving equality and in the true sense of promoting and enforcing "Equality before the law" (Article 27 of the Constitution). This includes increasing women's access to education, employment and entrepreneurship opportunities, as well as increasing their participation in decision-making processes. Empowering women financially and politically will not only promote gender equality but also contribute to the overall development and prosperity of Bangladesh.

Breaking the chains of social conditioning and legal barriers is not an easy task, but it is a necessary one for the empowerment and well-being of the women in Bangladesh. Through a multifaceted approach that addresses legal and policy reform, education and awareness-raising, and economic and political empowerment, progress can be made toward achieving gender equality and ensuring that all individuals have the opportunity to reach their full potential. It is time to break the chains and empower married women in Bangladesh to achieve equality and independence.

Joy Chandra Bala is an LL.M at North South University 

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.