A Feminist Overhaul on Post-2000 Judicial Decisions Towards Enforcing Women's Rights in Bangladesh

ELCOP Yearbook of Human Rights, 2017

24 Pages Posted: 1 Dec 2017

See all articles by Muhammad Omar Faruque

Muhammad Omar Faruque

Daffodil International University

Sk. Md. Habibullah

Daffodil International University

Date Written: September 26, 2017

Abstract

In midst of a crude reality of scarcity of appropriate women-friendly laws and over adversarial set up, the Higher Judiciary of Bangladesh often has come out with a number of directions and tried to fill the lacuna, if not the void. They came up frequently in the name of judicial activism, sometimes by its own motion or in response to general or public interest litigations. Such initiatives taken by the Supreme Court judges were massively hailed by women, civil society and pressure groups. Among a number of cases, few are really noteworthy and can be marked as historic development in endorsing women’s rights in Bangladesh. In this paper, such noteworthy decisions will be analyzed under different heads to portray the approach of the highest courts followed by a critical evaluation of those judgments through the kaleidoscope of feminist theoretical framework. This article ultimately will argue that the Supreme Court judges resonated mostly liberal feminist ideas while imitating a general non-discrimination idea of CEDAW-driven global Human Rights regime. At the end, the article will recommend how leaning towards a bit radical feminist ideas can pave the way towards ensuring to a pro-gender legal protection regime by hitting the very root of patriarchy.

Keywords: Feminism, judicial activism, patriarchy, women’s Rights

Suggested Citation

Faruque, Muhammad Omar and Habibullah, Sk. Md., A Feminist Overhaul on Post-2000 Judicial Decisions Towards Enforcing Women's Rights in Bangladesh (September 26, 2017). ELCOP Yearbook of Human Rights, 2017, Available at SSRN: https://ssrn.com/abstract=3079349

Muhammad Omar Faruque (Contact Author)

Daffodil International University ( email )

102 Shukrabad, Mirpur Road
Dhanmondi, Dhaka-1207
Bangladesh

Sk. Md. Habibullah

Daffodil International University

102 Shukrabad, Mirpur Road
Dhanmondi, Dhaka-1207
Bangladesh

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