Law Vision
Role of legal and judicial officers is critical for gender mainstreaming
M Mamunur Rahman
Bangladesh, being a sovereign republic it comprises three basic organs of state; the executive, the legislature and the judiciary. The administration of justice is the responsibility of the judiciary, which comprises the Appellate Division and the High Court Division of the Supreme Court at the higher level, followed by a hierarchy of civil and criminal courts at the District level. In strict sense the Appellate Division of the Supreme Court is the highest Court of the republic comprising of 7 judges including the Chief Justice. Article 22 of our Constitution granted judicial independence and impartiality of judgments.
Gender mainstreaming is a process of assessing the implication for women and men of any planned action, including legislation, policies or programmes, in all areas and at all levels. Judicial system, therefore, need to be engendered. To get an impartial judiciary sensitization of judges, magistrates, law officer and lawyers is beyond the question. It is said that judiciary is endangered if it is not engendered.
The rule of law is deeply interconnected with freedom from fear and all other freedoms. Without the rule of law and fair administration of justice, human rights laws are no more than paper. Justice is something that people dearly value. UNDP Human Development Report 2000 quoted of a poor farmer in Bangladesh as, “I can tolerate poverty, but not to get justice in the eye of the law in my own country just because I am poor, that I cannot accept.”
HDR 2000 also noted that in some societies administration of justice remains elusive because of changing norms and inadequate institutional capacity. Justice has become a commodity that often only the rich and powerful can afford let alone poor women, the victim of human right violation.
Judicial officers have had an important role in the society to upholding the constitution of the country and maintaining check and balance system. They have the sole authority to determine the facts in most criminal and civil cases, acting as a powerful buffer against arbitrary enforcement by the executive and judicial branches.
The courts can insulate women against injustice suffered due to biological and sociological factors. There is said that 'all law is not justice; nor is all justice law alone'. At times there could be more justice without law and vice versa. Sometimes mindless application of laws, could lead to injustice. So need of a sensitised judiciary is beyond the question.
There is utmost important to improve the environment for doing business by increasing the efficiency, effectiveness, and accountability of the civil justice system, and increase access to justice, particularly for women and the poor.
The Constitution of Bangladesh maintains 'all citizens are equal before law and are entitled to equal protection of law' (article 27). The Universal Declaration of Human Rights (1948) reaffirming faith in the fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and women, contemplated the entitlement of all cherished freedoms to all human beings without any distinction of any kind, including discrimination based on sex. The World Conference on Human Rights at Vienna in 1993 had declared the human rights of women and the girl child to be "inalienable, integral and indivisible part of universal human rights" and eradication of any form of discrimination on the basis of sex, is the priority objective of the international community. The Convocation on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979 is the United Nations' landmark treaty marking the struggle for women's rights. Described as the Bill of Rights for women, it spells out what constitutes discrimination against women and propagates strategies based on "non-discriminatory" model, so that women's rights are seen to be violated, if women are denied the same rights as men. Beijing Platform for Action (PFA) also note as 'ensure equality and non-discrimination under the law and in practice, (Paragraph 232, PFA).
Gender sensitisation of judges, judicial officers and lawyers is important so that they treat women with dignity and honour and inculcate confidence in them by the sober conduct, behavior and ideology of the judicial concern whenever the victim approach to them and seek justice. Judges have to keep in mind that women are weaker section of the society. At the courtrooms women should be treated with courtesy and dignity while appearing there. Any comment, gesture or other action on the part of any one in or around the courtroom which would be detrimental to the confidence of the women is to be curbed with heavy hand. Court proceedings involving women must begin on time and repeated appearance of women in the court and harassment should be carefully avoided. The female members of the Bar need to be encouraged in the profession, maybe by giving assignments as Court Commissioners for inspections and recording statements of witnesses. Crime against women ought to be dealt with on priority basis so as to be decided finally at an early date lest the delay should defeat the justice.
The writer is gender expert, UNDP.
