Empowerment of Women – The Ideological Issues:

Although, the advents in mankind of, `God Centric Idealism', `Nature
Centric Pragmatism' and `Humanism', have all made great contributions
to influence the mindset of the protagonists to undertake reforms or
alternative discourses, but never could really free themselves
totally from the shackle of status quo with feudalism or other means
of exploitation, which captivated Women in the society as commodity
of hard labour or commodity of trade for wealth & property, or
commodity of sexual abuse. Without undermining the enlightenments and
social value of those reforms and discourses, the ontology of the
weaknesses impregnated in the inherent contradictions of those Ideals
causing failure to overpower feudalism or other means of
exploitation, we may still attempt to find within them the right
interpretations favouring Women to undertake the social engineering
programmes dedicated to the task of the liberation of women from its
state of captivation, semi captivation or degraded conditions. But
this will definitely lead the society to another form of status quo
where Women may find more freedom of opportunity trickled down to
them but still remain far away from securing the dignity and rightful
partnership in the sphere of the decision or policy making process
without having made the appropriate right established irrespective of
caste, creed, ethnicity, class and gender in the sphere of economy of
the Society and the State, involving appropriate right to access in
the process of acquisition of capital, the means of production,
marketing and distribution systems in the national, as well into the
determination of policy of the state dealing with the formulation of
international strategy of economic relations in relation to the
modern dimension of globalisation.

Therefore, the action programme of `Empowerment of Women', in the
truthful nature of its commitments, may find its basis in the
ideology and partnership that favours the `Empowerment of the Weak',
the forces which strive to secure the rightful partnership of all the
components of the society in all of the spheres of socio-political
and economic policy making process taking place in administrating the
affairs of the state, importantly, having made their position clear
on the issue of undertaking the task of securing appropriate right
established irrespective of caste, creed, ethnicity, class and
gender, particularly in the sphere of economy of the society and the
state. Because, this is evident from the societies and states where
adult franchise i. e. one-person one vote is already recognized, but
this right regarding political decision-making has never been found
to be able to be meaningfully excercised irrespective of caste,
creed, ethnicity, class and gender without having their appropriate
rights in the sphere of economy achieved.

We have been riddled with arguments and counter arguments on the
issue of gender equality. In order to address the issue, first we
need to define explicitly, what do we understand by the term
of `equality'? Indeed `equality' is a concept founded through
representation of imaginary numbers in the school of mathematics.
Those imaginary equals are used only to state a particular mode of
position, in fact a pre-conceived goal, intending to realize it
through implementation of various forces of knowledge. We cannot
conceive two different things to be equal unless and until we have
set a definite unit of measurement to compare it. Newton said, `All
actions have equal and opposite reaction'. There may not be any
objection to accept it by its literal meaning, if it is intended to
mean that, "All actions `tend' to create an equal and opposite
reaction". Static equilibrium is a concept relative to matters in
motion, when `dynamic equilibrium' is the real state of position
where forces of action and reaction tending to equalize, sets matter
in motion, and continues to be in motion deriving the energy from the
process of fusions, thus bringing about the transformations through
time and space, the ever-changing universe we are living in.
Therefore, the debate of gender equality, although has its premises
in the agenda of the empowerment of the weak, but has no premises in
the universal meaning of existence since the difference made in the
sexes have made them already different and unequal from each other.

Religious stasis is a problem and this problem not only being
confronted by Women but by the society as a whole, although stasis
should not have been the problem inflicting Islam, if Islam would not
have been interpreted and mastered by aliens but by the true scholars
of Islam and their message would have spread across the Globe and
across the Peoples undistorted. I bring this issue here for
discussion, because much blame has been unleashed on Islam for
bringing about the degraded status of Women prevailing in the present
day of Islamic societies, although, much more of degraded position of
Women may be as well existing in places where Islam does not prevail
but other forms of traditions. In fact Islam is the only religion
where the issue of role and status of Women in the society have been
addressed to secure at all. All the Semitic religions including Islam
are theologically perfect in inducing the ideal of denominating
equity of humanity irrespective of caste, creed, ethnicity, class and
gender. In Islam the practice followed in the congregation along with
its custom and rituals in performing annual Hajj, demonstrates
through practice the intention of Islam in considering equality
before Allah of all the followers of Islam irrespective of caste,
creed, ethnicity, class and gender.

While debating on the issue of gender equality, discussion forums
have been found to be gravely inflictive putting Islam as religion in
respondent position. I find no reason for doing so. The subject of
gender equality may however be discussed in the premises of the
various `Islamic Schools of Jurisprudence' which were initially
introduced during the 8th century by the `Mujtahid-e-Imams'. The
intention of those schools were to formulate and document; law,
rules, practice, code of conducts, procedures and guidelines for the
various institutions of the machinery of state, the society and the
individuals embraced Islam or in future should come to embrace Islam
having in them the influences of various backgrounds of socio-
cultural and political traditions, and in which the society will also
have to contain individuals from other disciplines of faith.
Therefore, with unique clarity of vision `Mujtahid-e-Imams' of Islam
considered to establish the judiciary to function as the sovereign
and independent institution in the state with the dynamics of a
definite methodology of working based on the principles of, (a)
Exegesis of the `Quo'ran', (b) Exegesis of `Sunnah', (c) Qiyas i.e.
analogy, (d) Ijtihad i. e. rational opinion, and (d) Ijma i.e.
universal consensus of Ulemas through dialogue. The methodology
clearly established a process of dynamic relation among the
components for the synthesis of knowledge so considered according to
the order of precedence set above for the "School of Jurisprudence"
to function.

But, the Muslim rulers due to their ambition to act as the sovereign
power of the state shifted their power base to feudalism, and thus
usurped the era of political malpractice in the name of Islam. Those
forces not only created impediments on the evolutionary process of
the Islamic school of Jurisprudence but also distorted the very basis
of it to meet their own ends of misappropriation of power and wealth
of the state to build their own Empire to lead a coercive life.
Eventually, that became the root cause in destruction of the inner
cohesion of the societies under the Muslim World as a whole, while on
the other hand Islam's real message was to establish and develop a
modern society adhering to the principles of social equity and
justice, ending the period of pre-Islamic Pagan period of Jehalat.
Evidence in this respect is clear from the history that the foremost
Mujtahid-e-Imam Abu Hanifa had to die in the dungeon of Khalifa
Mansoor when he was forced to take poison for his death. Therefore,
the existence of the ` New Jehalat' indeed viewed as tools of
oppression unleashed in the name of Islam by the feudal Islamite to
continue feudal oppression using the unholy alliance with the
dogmatic Islamism propagated in the present day in the so called
pseudo Islamic States.

I would like to point out that, in the Holy Quo'ran, references have
been made time and again, in the chapters followed by chapters,
cautioning mankind from the evils of those brought to human society
for not having followed the principles directed by God through His
messengers. Exegesis of the Holy Quoran blesses us with the
understanding of the divine revelation, for mankind to identify
themselves to be though created from the product from nature but
uniquely given with the power and insight of the highest level of
intelligence, and this position of human being indeed is not a `self-
assumed' position but an acquired position attained through exercise
of the unique power of the intellectual capabilities and, therefore,
in effect, this position of the mankind shall continue to exist until
it will be denied by an unequivocal discovery, yet to come.

I find with dismay that, Science has been applied by many to
interpret and sometimes to negate the meaning and necessity of the
God-centric-idealism and at times, the religion, the belief systems
of mankind as a whole. As I see it, the domains of Science and
Religion and their premises of working are totally different from
each other. In this respect the defensive and at times the pitiful
meaningless position taken by the Neu-mod Muslim scholars attempting
to interpret Islam as a scientific Religion could not also hold
premises because Religion is never Science and Science can never and
will never succeed to infringe upon and take the position of
metaphysics of Religion founding the basis of ethics and morality of
mankind.

I think, we may try to understand that the mankind emphasizes its
dual existence, one in the material World through the exercise of the
power of Science and the other in the intellectual world curiously
intermingled with the belief systems. When Leonardo-da-Vinci made the
sketch of the flying machine, he just believed it, but science
pursuing the belief brought it into existence in the material world
for the benefit of mankind. We may therefore try to realize that,
while the Animal Kingdom is victim of nature, the human world
qualified, strengthened and driven by the belief systems acquired
knowledge from the nature and applied those to upgrade the quality of
life dynamically exercising the tools of knowledge acquired through
science. Divine injunctions are unequivocal directing mankind to
acquire knowledge from the persistent pursuit from within and without
one self, to analyze and synthesize those pieces of knowledge to
enrich the domain of intelligence incessantly.

The knowledge gathered through study of the animal science may have
some useful applications in the field of health and medicine, but
application of it in social science involving human beings to depict
its nature, cannot give us the real picture to formulate the
programmes of the social engineering projects meant towards
empowerment of the women, because the science of nature has already
given us the knowledge that the laws of nature favours the
empowerment of the powerful, the survival of the fittest, and not to
the empowerment of the weak. Through the ages of intellectual
practices endeavouring unique characteristics derived from the belief
systems of religion, doctrines of love and beauty of humanism,
through the collective concepts comprising the intellectual
properties, mankind arrived in to a position taking the role of the
empowerment of the weak, to construct a harmonious and just society
living with equity, justice and peace. Hence, in this process of
evolution, the ideologies those conceived equity of distribution of
power and wealth irrespective of caste, creed, race, class, faith or
gender, became the appropriate tools to identify the paradigms of the
social engineering projects comprising the empowerment of the weak,
in the task of formulating the policy options and strategy for socio-
economic development.

Coming back to the agenda, adult franchise in electing people's
representatives through votes has been recognized in our society.
This right regarding political decision-making is never meaningful or
real without appropriate rights in the sphere of economy. If
appropriate rights and opportunities are absent regarding resource,
employment, education, health, shelter etc., an imbalance in the
society is created which puts some curb on the exercise of political
rights of the people. If minimum education for all which makes a
person conscious about society and economy, and if the weaker forces
which comprises vast majority in the World population are not
recognized as the important agents in the development programmes by
making them able partners in all productive enterprises,
organizations, decision and policy making spheres, then the very idea
of improving quality of the social life of mankind gets frustrated.

The Society, which is controlled and dominated by patriarchal values,
recognizing the legitimacy of male domination over social resources,
means of production, land and labour etc., turns gender relation into
a scenario of domination and sub-ordination, authority and
dependence. Such relation determined on the basis of unfounded,
false, artificial values, make women suffer from deprivation,
oppression, and exploitation. The society which carries the burden of
the deprived, oppressed and exploited mass of in-ordinate proportion,
fails to bring about an effective combination of land, water, natural
and human resources to establish necessary pre-condition for socio-
economic development. That is why, in spite of having huge natural
resources, countries in Middle-east, Africa, and some other have not
been able to ensure any commendable development, on the other hand,
having the least per capita land and natural resources, countries
like Holland, Japan, China and South Korea undertaking the strategy
of combining the available resources and effectively engaging the
over all population, could ensure development.

The objective of empowering women in society is to create
consciousness about women's problems related to education, health,
employment, legal and environmental issues, so that women can improve
their position to secure the respect and recognition of the
individual personhood and be able to make positive contribution
through active participation in the social transformation and
decision-making activity. Since, politics and state policies are
closely inter-related, women's participation in politics is crucial.
The marginal position of women's participation in politics is an over-
all indicator of the over-all sub-ordinated position of women in the
World.

In context of formulating the development strategy of Bangladesh, sub-
ordination of women accepted in all spheres of society, environment
of lack of bold and positive attitude to women's problems have been
identified as impediments towards potential opportunities for women
to get involved in politics, and possibilities for them to ameliorate
their position to influence the decision making position in
formulating state policies. Therefore, side by side with other policy
options considered to formulate the paradigms of strategy for
development, the empowerment of women in particular has been
identified as one of the several course of programme of action.

It should be mentioned in this regard that, the constitution of
Bangladesh in Article 10, embodies the participation of women in all
spheres of national life, and in Article 28(2) recognizes equal right
for men and women in all spheres of public and state life. The
constitution thus implied the possibility of progress through
affirmative action by the state in favour of integrating women in the
mainstream of development rather than creating a separate channel for
them. But, the process of mainstreaming women requires a strong
commitment of gender equity supported by careful operational plans to
ensure women's participation in all sectors, and reforms of the laws
which infringe women's rights to provide the necessary framework of
formal equality within which this process can occur. The emphasis on
law as a tool for empowerment of women is made in full realization
that law reform cannot in itself solve problems of inequality and
discrimination, but still the recommendation and demand in this
respect for legislative and law reforms are made in recognition that
the law as an institution can critically intervene in sectors such as
education, employment, health, and most importantly, personal life.
Legislation should be passed to at least ensure formal equality in
all these spheres, underpinned by procedural reforms particularly
aimed at the administrative and enforcement levels to ensure access
to justice and the translation of formal to real equality.

The legislative guarantees provided in the constitution of Bangladesh
providing equal rights and nondiscrimination of women are further
supported by the ratification of the United Nations Convention on the
Elimination of All forms of Discrimination against Women (UNCEDAW).
However, a close analysis of the text of the Constitution of
Bangladesh and many democratic countries enacting adult franchise
reveals a significant omission: the guarantee of equal rights between
men and women does not extend to the private sphere, i.e. to matters
concerning the family or inheritance to property. The failure to
underwrite paper promises of equality is further revealed by the
ratification UNCEDAW made by the Government of Bangladesh having been
made subject to reservations regarding the Convention provisions
dealing with equal rights, particularly within the family, hence such
ratification made with reservations would make those Governments
liable, within a specified period, to amend its laws in conformity
with the Convention. This sharp disjuncture made between paper
promises of equality and the reality of legally justified
discrimination on the ground of sex is contradiction to the
commitment of democracy.

Women's demand for equality before the law is a demand to be
recognized as an individual able to determine her own individual
physical existences within society, within the community and within
the Family, on the basis of equity and nondiscrimination. Individual
rights cannot be subsumed within the rights of any group and
community. Stasis religious schools of law which could not see the
lights of reforms when reforms were sought to happen within them
through the methodology established by themselves within those
schools of jurisprudences but perpetuating now the discrimination
between sexes continued to be justified on the grounds that they are
an essential component of a community's self identity, and any
encroachment on these laws is an attack on the community or religion,
cannot be sustained within a society traditionally committed to
reasonable and rational exercise of religious values and politically
committed through decades of the people's movements and sacrifice of
countless martyrs, to undertake democratic process and protection of
right of individual's own religious faith. It is, therefore, intended
that, women's rights receive prior protection over
undefined "community' rights perpetuating imbalance of power between
sexes in the private and family life.

In the backdrop of all those social, ideological, political,
economical and legal issues, the relevance of undertaking
intervention strategy through legislative action to provide reserved
seat in the political representative offices on the basis of
universal franchise and direct election got its ground in Bangladesh.
The socio-economic and political realities dictates the need for
special representation of women, but it is necessary to ground such
representation on direct contact with grassroots, not on elite
contact with party and government. It is therefore necessary to bring
about a constitutional amendment of article 65(3) of Bangladesh
specifying the number of reserved seats for women and modality of
direct election. The area of constituencies under previous provision
of 30 nominated reserved seats are too large to serve as direct
territorial constituencies, therefore, the number of reserved seats
need to be essentially increased from 30 to 64 to correspond with the
existing administrative districts.

Keeping it in mind that, empowerment of women through legislative
action in Bangladesh or a country facing similar situations is not a
goal in itself, but is an instrument to set in motion necessary
reforms and discourses for a balanced and harmonious process of
participation of women in the affairs of the state indeed to bring
about the much needed socio-economic and democratic development of
the society, and once the balance in the society is achieved
liberating women from the abuses of discriminated gender relation and
integrating women in to their rightful position within the mainstream
of all the activities of the family, society and the state, the
necessity of maintaining reserved seats in the political
representative offices and the public service sectors should undergo
natural process of elimination.

Afroza Begum
Dhaka, February 04, 2004