Ensuring Freedom of Religion and Gender Equality

Ensuring Freedom of Religion and Gender Equality

[B]y also empowering groups who traditionally experience discrimination, including women and girls, freedom of religion or belief can serve as a normative reference point for questioning patriarchal tendencies, as they exist in different religious traditions. This can lead to more gender sensitive readings of religious texts and far-reaching discoveries in this field. In virtually all traditions, one can indeed find persons or groups who make use of their freedom of religion or belief as a positive resource for the promotion of equality between men and women, often in conjunction with innovative interpretations of religious sources and traditions. This accounts for the possibility of direct synergies between freedom of religion or belief on the one hand and policies for promoting the equal rights of women on the other.

-Heiner Bielefeldt,

Former UN Special Rapporteur on Freedom of Religion or Belief[1]

 

Introduction:

Religion is significant since it interfaces individuals as a group. The need of religion can be identified as it gives people the option to rehearse religion and helps them to understand the world and their position in the world.[2]The term 'Freedom of Religion' furnishes individuals with a bunch of custom, belief, institutions, moral thinking and so on.[3]Freedom of religion supports to a more amicable, stable society for all where rights to practice and propagate religion are perceived.[4]

In Bangladesh religious liberty is primarily perceived as an individual right but in practice, it is also taken as a community right to preserve the coexistence and distinct culture of minority communities.[5] Notwithstanding, the idea of religious liberty when perceived as group right conflicts with gender equality, explicitly in issues relating personal laws.[6] Personal laws entrench discrimination on women in Bangladesh in regards to their legacy of property, decision of marriage, rights within marriage, dissolution of marriage. Besides, women are confronting discrimination in different areas as by ordering to maintain dress code, right to entrance to religious places and graveyards as these rights are restricted for women in varied religious practices. Moreover, in a number of religions, e.g., Islam, traditionally women are not allowed to be religious clerics etc. This chapter will address the overall situation regarding gender inequality based on religious liberty. An activist and a lawyer need to know certain remedies, which can be provided to a victim of gender inequality.Thus, chapter evaluates the following issues:

International legal framework regarding gender equality

Laws of Bangladesh both promoting and hindering gender equality

Present situation of Gender inequality based on religious practices in Bangladesh

Case studies

Steps an activist or a lawyer undertakes to assist the victims of gender inequality endowed by religious practices

 

International legal framework regarding gender equality:

SL No.

International legal framework regarding ensuring gender equality

Articles

01.

The International Covenant on Civil and Political Rights,1966

Article 3 ensures the equal right of men and women to the enjoyment of all civil and political rights set forth in the Covenant.

 

02.

The International Covenant on Civil and Political Rights,1966

Article 26 ensures that All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

 

03.

Convention on the Elimination of All Forms of Discrimination against Women, 1979

Article 2 provides that States Parties condemn discrimination against women in all its forms.

04.

Convention on the Elimination of All Forms of Discrimination against Women, 1979

Article 7 ensures that all appropriate measures shall be taken to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men.

 

05.

Human Rights Council Resolution 6/37

Article 9 ensures that appropriate measures are taken in order to adequately and effectively guarantee the freedom of religion or belief of women.

 

06.

Human Rights Council Resolution 6/37

Article 12 emphasizes that the importance of a continued and strengthened dialogue among and within religions or beliefs, at all levels and with a broader participation including of women, to promote greater tolerance, respect and mutual understanding.

 

07.

Human Rights Committee general comment 28

Para 13 provides that States parties should provide information on any specific regulation of clothing to be worn by women in public. The Committee stresses that such regulations may involve a violation of a number of rights guaranteed by the Covenant, such as: article 26, on non-discrimination; article 7, if corporal punishment is imposed in order to enforce such a regulation; article 9, when failure to comply with the regulation is punished by arrest; article 12, if liberty of movement is subject to such a constraint; article 17, which guarantees all persons the right to privacy without arbitrary or unlawful interference; articles 18 and 19, when women are subjected to clothing requirements that are not in keeping with their religion or their right of self-expression; and, lastly, article 27, when the clothing requirements conflict with the culture to which the woman can lay a claim.

 

08.

Human Rights Committee general comment 28

Para 21 provides that States parties must take measures to ensure that freedom of thought, conscience and religion, and the freedom to adopt the religion or belief of one’s choice - including the freedom to change religion or belief and to express one’s religion or belief - will be guaranteed and protected in law and in practice for both men and women, on the same terms and without discrimination. These freedoms, protected by article 18, must not be subject to restrictions other than those authorized by the Covenant and must not be constrained by, inter alia, rules requiring permission from third parties, or by interference from fathers, husbands, brothers or others. Article 18 may not be relied upon to justify discrimination against women by reference to freedom of thought, conscience and religion; States parties should therefore provide information on the status of women as regards their freedom of thought, conscience and religion, and indicate what steps they have taken or intend to take both to eliminate and prevent infringements of these freedoms in respect of women and to protect their right not to be discriminated against.

 

09.

The Yogyakarta Principles 2006

Principle 21 ensures the right to freedom of thought, conscience and religion

 

8.3 Present situation of gender inequality based on religion/religious practices in Bangladesh:

In Bangladesh, religion is taken as a way of life that governs every event such as dress code, way of doing things, celebration of festivals and gives guidance about relationship, inheritance and family life.[7] Bangladesh is primarily a Muslim country (88% Muslim) with an inflexible attitude towards women.[8] Due to such inflexible attitude, in certain cases people may impose challenge gender equality in the name of religion or religious traditions. For instance, in 2020, Dr. Muhammad Abdur Rahim, Director of the Institute of Public Health confused freedom of religion and belief with that of maintaining Islamic dress code and thus forcing female colleagues to wear hijab, even though some of them may not want to .Imposing prescribed dress code for women in a secular State which ensures FORB not only violates the Constitutional guarantees of secularism and FORB it also disregards liberation of women.

Existing gender-based discrimination in Bangladesh

Grounds

Islam

Hinduism

Buddhism

Christian

Inheritance

- A daughter gets half of what a son inherits.

 

-A widow gets 1/8 of her husband’s property.

 

-A sister gets half of what a brother inherits.

-A Hindu woman does not have absolute rights on her ancestral properties.

 

-A widow enjoys life estate, even if she has a son, which means she can enjoy the income and the produce. However, she cannot sale or transfers the property like a male heir. To sale, she will have to take permission from the court citing legal necessity, e.g., medical emergency, maintenance of the property etc.

 

- A widow or a married daughter cannot sale or transfer property in any way

- A daughter / sister will not get any share, not even life estate, if a male exists. Male heir gets it all.

 

- An unmarried ‘virgin’ daughter will get a share like a son.

 

-Woman’s own property is regulated in a different manner, I.e., as woman’s property and streedhan.

 

Same as Hinduism.

A daughter/ widow / sister will get equally with their male heirs.

 Divorce

-A male can divorce his wife anytime.

 

-But a wife can divorce if she has been given the right in her kabinnama (marriage register).

 

-A wife can divorce her husband even if it is not written in the Kabinnama.

No divorce laws.

No divorce laws.

-A wife will have to prove that her husband was involved in adultery to divorce her husband.

 

Right to Entry to Graveyards

Already written in the chapter.

There is no barrier for a Hindu Woman to enter into a cremation ground; however, due to social stigma they are often left at their home.

Source:

Same as Hinduism

A Christian woman has the right to enter into a graveyard.

Right to entrance place of worship, grave yards etc

There is no barrier by law or religion. However, due to social stigma and patriarchal beliefs, Muslim women are not allowed to pray in certain mosques and can not enter grave yards.

There is no barrier by law or religion. However, due to caste system Dalit women are not allowed to enter certain temples.

There is no barrier by law, religion or religious practices.

There is no barrier by law, religion or religious practices.

Adoption

- A girl cannot be adopted by a Muslim family.

- A girl cannot be adopted by a Hindu family.

- A girl cannot be adopted by a Buddhist family.

- A girl cannot be adopted by a Christian family.

 

Case Study -1

The Institute of Public Health (IPH) issued a circular on 28th October asking Muslim women employees to wear hijab and to make sure that their clothes cover their ankle joints. IPH circular includes, "For Muslims, men must make sure their clothes do not cover their ankle joints… and women must wear hijabs in addition to making sure that their clothes cover their ankle joints."

Discrimination against women occurs regarding the entry permission of religious places. Women normally are not allowed to enter mosques and graveyards in Bangladesh. The Quran does not separate between a man and a woman and there are no records expressing that the Quran or Prophet Muhammad had contradicted women entering mosques and offering prayers.[9] There is no barrier for Hindu, Buddhist and Christian women to enter into the place of worship. There is no authentic version Islam that proves women are not allowed to visit graveyards.[10] There is no barrier for a Hindu and Buddhist Woman to enter into a cremation ground or graveyard; however, due to social stigma they are often left at their home.[11] In 2020, the Daily Star of Bangladesh has reported that the High Court has ruled that women cannot become Nikah (Muslim marriage) registrar due to certain "physical conditions" and social as well as practical situations of the country.[12]

Case Study- 2

In 2012, Ayesha Siddiqua saw a circular for Muslim marriage registrars for Dinajpur's Phulbari municipality. In 2014, three women were chosen as marriage registration officials in Dinajpur district.But two months later, she was informed that she could not be hired because she is a woman. In June 2014, she filed a writ petition with the High Court challenging the government's decision to not employ her based on her gender. However, their appointment was rejected by the Law, Justice and Parliamentary Affairs Ministry on grounds that women cannot become Nikah (Muslim marriage) registrar due to certain "physical conditions" and social as well as practical situations of the country. Ayesha Siddiqa, one of the officials, appealed the ministry's decision in court, but her case was rejected by judges.

 

 

Hindu personal laws in Bangladesh originated from thousands of years old orthodox rules.[13] Although Hindu and Buddhist have entirely different belief system, Buddhist women in Bangladesh are additionally administered by similar guidelines as Hindu women.[14] Hindu and Buddhist women in Bangladesh are the victims of Freedom of Religion or Belief(FoRB) rights. For example, Hindu and Buddhist women do not get share in their ancestral property, except in certain circumstances.[15]The Government of Bangladesh has taken initiatives to give inheritance rights to women of these two religions; however, most of the religious leaders and clerics denied to appreciate such initiatives stating that this would hamper their freedom of religion and belief. Similarly, a Muslim daughter is qualified to get half of the property if she is an only child and the rest is distributed among the relatives.[16]If the late father has daughter and son then the son is entitled to twice of what the daughter receives.[17] The Christian women are relatively in a preferable situation over others, they have equivalent right as far as legacy of hereditary property.[18] Lack of divorce right of Hindu, Buddhist married women is another case study of ‘how two sets of rights can collide in concrete, specific instances, with attempts at protecting one right resulting in restrictions on another’.[19] Therefore, it can be stated that most of the women in Bangladesh do not enjoy gender equality and imposition of Freedom of Religion or Belief (FoRB) rights is one of the reason for such discrimination and inequality.

In contrast to Muslim marriages, Hindu and Buddhist relationships are not needed to be enlisted, hence culminating uncertainty in conjugal marriages.[20] In fact, there is no specific type of formal services to approve if a marriage has occurred which has unfavourable effect on women on various related issues.[21] The government in 2012 has enacted Hindu Marriage Registration Act, which made Hindu marriage registration optional. Unfortunately, before enactment the Act confronted obstruction from conservative Hindu religious leaders asserting that it abuses their privileges to religious liberty and that the state is meddling into their religious rules.[22]

8.3.1 Laws of Bangladesh pertaining gender equality:

Gender equality requires equal treatment or enjoyment by women and men of socially valued goods, opportunities, resources etc.[23] Gender inequality can be defined as it excludes women from decision-making and access to economic and social resources.[24]The fundamental difference between gender equality and gender inequality is the former one constitutes rights and the latter one is the process or consequence of the violation of the said right. Since independence, a range of authoritative measures have been embraced to shield women’s equality in Bangladesh.[25] The repeated prohibition of gender discrimination in various international treaties, national legislation and court practices imply that there is a strong necessity to end discrimination on the basis of gender.[26]

SL No.

National legal framework on gender equality

 

Articles/Sections

01.

The Constitution of the People’s Republic of Bangladesh,1972

Article 27 ensures all citizens are equal before law and are entitled to equal protection of law.

02.

The Constitution of the People’s Republic of Bangladesh,1972

Article 28 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. Furthermore, as per this article, women shall have equal rights with men in all spheres of the State and of public life and nothing in this article shall prevent the State from making special provision in favour of women or children or for the advancement of any backward section of citizens.

03.

The Constitution of the People’s Republic of Bangladesh,1972

Article 29 ensures that there shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic and also includes no citizen shall on grounds only of religion, race, caste, sex or place of birth discriminated in respect of any employment or office in the service of the Republic.

 

04.

National Women Development Policy 2011

Section 18.4 ensures that Elimination of all forms of discriminatory treatment and ensuring gender equality in all areas including family.

Steps an Activist or a Lawyer undertakes to assist the Victims of Gender Inequality:

 Human rights activists and lawyers have responsibility to work towards ensuring gender equality. There is no specific remedy or step to assist the victims of gender discrimination while ensuring freedom of religion. Following steps can be taken for assisting an aggrieved woman who has been a victim of inequality due to her faith:

 

SL No.

Assisting the victims of gender discrimination

1.

Giving emotional and psychological support

2.

Collecting & understanding the fact

3.

Seeking help from Legal Aid

4.

Complaining to the National Human Rights Commission, Bangladesh

5.

Filing a Writ Petition

6.

Filing FIR (If needed)

Sample of a Writ Petition:

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

 

WRIT PETITION NO.                      OF   2020 

IN THE MATTER OF:

An application under article 102(2)(a)(i) and (ii) of the Constitution of the People’s Republic of Bangladesh, 1972.

          A N D

IN THE MATTER OF:

1.       Ain o Salish Kendra (ASK), represented by its Chairperson, 2/16 Block-B, Lalmatia, Dhaka.

2.       ………………….., Executive Director (Acting), Ain o Salish Kendra (ASK), 2/16 Block-B, Lalmatia, Dhaka.

3.       Md. Tareq Khan, son of……, of village……, Police Station………, District -………...

                          …PETITIONERS

                           -VERSUS-

1.         Bangladesh, represented by-

The Secretary, Ministry of Home Affairs

Bangladesh Secretariat, Ramna, Dhaka – 1000.

2.         Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Police Station-Ramna, Dhaka-1000.

3.         Secretary, Ministry of Environment, Forest and Climate Change, Police Station-Ramna, Dhaka-1000.

4.         Director General, Department of Environment,  Paribesh Bhaban, E/16, Agargaon, Sher-E-Bangla Nagar, Dhaka-1207.

5.         Director (Monitoring and Enforcement), Department of Environment, Paribesh Bhaban, E/16, Agargaon, Sher-E-Bangla Nagar, Dhaka-1207.

6.         Abdul Halim, Director, Department of Environment, Barisal Division, 399 Nobogram, Barisal.

7.         Deputy Director, Department of Environment, Barisal Division, 399 Nobogram, Barisal.

8.         Assistant Director, Department of Environment, City Center (4th floor, East Wing), Fire Service Road, Police Station – Patuakhali Sadar, District – Patuakhali.

9.         Abdul Aziz alias Kutti Mollah, Owner and Proprietor of Siam Bricks, of village Dhandi, Police Station – Baufol, District – Patuakhali.

10.     District Magistrate, Patuakhali.

11.     Superintendent of Police, Patuakhali.

12.     Officer-in-charge, Baufol Police Station, Patuakhali.

13.     Deputy Jailor, Patuakhali District Jail, Patuakhali.

RESPONDENTS

            AND

IN THE MATTER OF:

Respondent No. 6’s impugned order dated 19.03.2020 to impose a fine of taka 20 lakhs on Petitioner No. 3 and to imprison him for one year under the Brick Making and Kiln Installation Control Act, 2013 being ultra vires to the Constitution and violative of Articles 27, 31, 32, 33 and 35 of the Constitution (Annexure A).

AND

IN THE MATTER OF:

Provisions of Brick Making and Kiln Installation Control Act, 2013.

To,

 

Mr. Justice Syed Mahmud Hossain, the Hon’ble Chief Justice of Bangladesh and his companion Justices of the said Hon’ble court.

The humble petition of the above named Petitioners most respectfully-

SHEWETH:

 

1.                                                            That the Petitioner No.1 is Ain-o-Salish Kendra (ASK), a human rights and legal aid organization, working to promote human rights and to protect vulnerable sections against exploitation and injustice. Since its inception in 1986, ASK has been providing legal aid and support to the poor and vulnerable sections through its staff and panel of lawyers who regularly take up the matters before the different courts including the Supreme Court of Bangladesh. ASK is well known for its investigation, monitoring and documentation of public interest issues and its campaign for law reform and public interest litigation. Petitioner No. 1 has been registered as a society with the Registrar of Joint Stock Companies and Firms on 27.07.1986 duly licensed by the NGO Affairs Bureau to undertake social services. Since then, it has been providing public service, pro-bono and non-profitable services to the general public of Bangladesh as a non-commercial and non-profit organization. Petitioner No. 2 is the Executive Director of the Petitioner No. 1. Petitioner No. 3 is a bona fide poor worker of M/S Siam Brick Kiln who was illegally imprisoned by the impugned order of the respondent No. 6 in lieu of the owner of the said brick kiln. 

2.                                          That the Respondent No. 1 is Bangladesh, represented by- The Secretary, Ministry of Home Affairs; Respondent No. 2 is Secretary, Ministry of Law, Justice and Parliamentary Affairs; Respondent No. 3 is the Secretary, Ministry of Environment, Forest and Climate Change; Respondent No. 4 is the Director General, Department of Environment; Respondent No. 5 is Director (Monitoring and Enforcement), Department of Environment; Respondent No. 6 is Abdul Halim, Director, Department of Environment, Barisal Division, Respondent No. 7 is the Deputy Director, Department of Environment, Barisal Division; Respondent No. 8 is the Assistant Director, Department of Environment, Patuakhali; Respondent No. 9 is the Owner and Proprietor of Siam Bricks; Respondent No. 10 is the District Magistrate, Patuakhali; Respondent No. 11 is the Superintendent of Police, Patuakhali; Respondent No. 12 is the Officer-in-charge of Baufol Police Station, Patuakhali and Respondent No. 13 is the Deputy Jailor of Patuakhali District Jail, Patuakhali.

3.                                          ………..

4.                                          …………

…………………………………………………………………………………………..

G R O U N D S

I.                    For that the impugned actions of the Respondents exercised pursuant to the purported powers given to them under the impugned Act, 2013 are ex-facie illegal inasmuch as the provisions of sections 13, 14, 15, 16, 17, 18 and 19 of the Act, 2013 are ultra vires the Constitution and violative of the two basic structures of the Constitution namely independence of the judiciary and separate of powers of the three organs of state and hence the impugned sections of the impugned Act, 2013 are liable to be declared to be illegal, without any lawful authority and ultra vires to the Constitution.

II.                 For that 27, 31, 32, 33 and 35 of the Act, 2013 are violative of Articles 22, 27, 31 and 35(3) inasmuch as these provisions allow the Executive Magistrates and District Magistrates being executive officers to perform judicial functions of taking cognizance of offences, convicting and sentencing offenders under relevant provisions of law which, under the constitutional dispensation, can only be performed by the persons holding posts in the Judicial Service of the Republic and Sections 13 and 19 further permit the said executive officers of the Government to prosecute, act as witness and a judge in the same case and also choose at their sweet will as to whom to prosecute and whom to commit to regular courts for trial and thereby violating Articles 27, 31 and 35(3) of the Constitution and hence the impugned sections of the impugned Act, 2020 are liable to be declared to be illegal, without any lawful authority and ultra vires the Constitution and hence the same have no legal effect.

III.              For that sections 13 and 19 of the Act, 2013 is repugnant to Articles 22, 27, 31 and 35(3) of the Constitution inasmuch as it allows an Executive/District Magistrate to exert undue pressure on an accused and obtain a confession. Sections 13 and 19 infringe upon Articles 27, 31 and 35(3) of the Constitution inasmuch as it allows the District Magistrates to be the appellate authorities also; and as such the impugned sections of the Act, 2013 and the impugned order dated 19.03.2020 are liable to be declared to be illegal, without any lawful authority and ultra vires to the Constitution hence the same have no legal effect.

IV.              For that the Legislature has contravened the Constitution by empowering Executive and District Magistrates with judicial power and such powers of the Executive are in direct conflict with the judgment passed by the Hon’ble Appellate Division of the Supreme Court of Bangladesh in Secretary, Ministry of Finance vs. Md. Masdar Hossain and reported in 52 DLR (AD) 82 and therefore, the impugned convictions and sentences passed by respondent No. 6 vide his order dated 19.03.2020 pursuant to the illegal provisions of the impugned Act, 2013 have been passed without jurisdiction and therefore liable to be declared to be unlawful and passed without any lawful authority and hence the same have no legal effect.

V.                For that even if, without conceding, it is taken into consideration that the operation of the mobile court is permissible within the four corners of the constitutional scheme, even then the impugned judgment passed by Respondent No. 6 under section 13 and 19 of the impugned Act, 2013 is a complete arbitrariness and colourable exercise of power and as such the impugned judgment of conviction and sentence is liable to be declared to be unlawful and passed without any lawful authority and have no legal effect.

VI.              For that the entire scenario disclosed in the reports of the newspapers and the Petitioners in no way can be said to have been demonstrated as judicial functions, rather, it is ex-facie clear that the Respondent No. 6 had acted beyond his jurisdiction which was arbitrary, illegal and colorable exercise of power for which, the entire order passed by her is a nullity in the eye of law and as such the impugned judgment of conviction and sentence is liable to be declared to be unlawful and passed without lawful authority and have no legal effect.

 

WHEREFORE it is most humbly prayed that your Lordships would graciously be pleased to:

A)      Issue a Rule Nisi calling upon the Respondents to show cause as to why Respondent No. 6’s impugned order dated 19.03.2020 to impose a fine of taka 20 lakhs on Petitioner No. 3 and to imprison him for one year under the Brick Making and Kiln Installation Control Act, 2013 being ultra vires to the Constitution and violative of Articles 27, 31, 32, 33 and 35 of the Constitution (Annexure A1-A2) and provisions of sections 13, 14, 15, 16, 17, 18 and 19 of the impugned Act, 2013 (Annexure - A) shall not be declared to be without any lawful authority and is of no legal effect;

B)      Pending hearing of the Rule, stay the operation of the impugned order dated 19.03.2020 passed by the respondent No. 6;

C)      After cause shown, if any, make the rule absolute;

D)      Costs;

E)      Pass such other order or orders as your Lordships may deem fit and proper.

And for this act of kindness your Petitioners as in duty bound shall ever pray.

 

Exercise:

Saimum Ara saw a circular for Muslim marriage registrars for Konoha's birompur municipality in 2012. In 2014, three women were chosen as marriage registration officials in Konoha district. However, two months later Saimum was informed that she could not be hired because she is a woman.

 

Suppose, you are an activist/a lawyer. Now-

  • How will you assist Saimum Ara for getting remedy?
  • How will you assist the women community in this regard?

 

Outcomes of this Chapter:

 

SL No.

Outcomes

1.       

Understanding the Present situation of gender equality in Bangladesh

2.

Gathering knowledge about the Laws of Bangladesh for addressing gender equality

3.

Understanding the International legal framework for remedy in case of gender equality

4.

Analysing the cases of gender equality

5.

Identifying the steps an activist or a lawyer undertake to assist the victims gender equality

 

 

 

[1]Bielefeldt, H. (2013). Interim report of the Special Rapporteur on freedom of religion or belief (focus: freedom of religion or belief and equality between men and women), para. 28. Retrieved from: https://www.ohchr.org/Documents/Issues/religion/A.68.290.pdf Accessed on: 02.02.2021

[2]Mahmood, F. (2019, October 24). Ensuring Freedom of Religion and Gender Equality. The Daily Sun. Retrieved from: https://www.daily-sun.com/arcprint/details/433649/Ensuring-Freedom-of-Religion-and-Gender-Equality/2019-10-24 Accessed on: 02.02.2021

[3]Durham, W.C., Lindholm, T.S., Tahzib, B. (2004). Facilitating freedom of religion or belief: a deskbook. Martinus Nijjhoff Publication, p.4-5.

[4] Ibid

[5] Ibid

[6] Ibid

[7]Mahmood, F. (2019, October 24). Ensuring Freedom of Religion and Gender Equality. The Daily Sun. Retrieved from: https://www.daily-sun.com/arcprint/details/433649/Ensuring-Freedom-of-Religion-and-Gender-Equality/2019-10-24 Accessed on: 02.02.2021

[8]Begum, A. (2004). Protection of women’s rights in Bangladesh: a legal study in an international and comparative perspective. Retrieved from: http://ro.uow.edu.au/thesis/595 Accessed on: 03.02.2021.

[9] Bindra, J. (2020, January 29). Entry of women in mosque is allowed as per Islam, AIMPLB tells SC. The Mint. Retrieved from: https://www.livemint.com/news/india/entry-of-women-in-mosque-is-allowed-as-per-islam-aimplb-tells-sc-11580312105829.html Accessed on: 03.02.2021.

[10]Anwar, T. (2016, February 16). Men can visit graveyards, why not us? ask Muslim women. The First post. Retrieved from: https://www.firstpost.com/living/men-can-visit-graveyards-why-not-us-ask-muslim-women-2606368.html Accessed on: 03.02.2021.

[11]News Desk. (2015, October 8). 5 reasons why women are not allowed at shamshan ghat. India TV. Retrieved from: https://www.indiatvnews.com/news/india/why-women-are-not-allowed-at-shamshan-ghat-55126.html Accessed on: 03.02.2021.

[12]Star Online Report. (2021, January 10). Women cannot become Muslim marriage registrars: HC. The Daily Star. Retrieved from: https://www.thedailystar.net/online/news/women-cannot-become-muslim-marriage-registrars-hc-2025549  Accessed on: 03.02.2021.

[13]Mahmood, F. (2019, October 24). Ensuring Freedom of Religion and Gender Equality. The Daily Sun. Retrieved from: https://www.daily-sun.com/arcprint/details/433649/Ensuring-Freedom-of-Religion-and-Gender-Equality/2019-10-24 Accessed on: 02.02.2021

[14] Ibid

[15]These circumstances include Stridhan and women’s property. Also parents and relatives can make gifts to Hindu and Buddhist women. For details, see: Desai, S.A. (2001). Mulla Hindu Law. Lexisnexis Butterworths Wadhwa Nagpur, p. 1182-1199.

[16]Mahmood, F. (2019, October 24). Ensuring Freedom of Religion and Gender Equality. The Daily Sun. Retrieved from: https://www.daily-sun.com/arcprint/details/433649/Ensuring-Freedom-of-Religion-and-Gender-Equality/2019-10-24 Accessed on: 02.02.2021

[17] Ibid

[18] Ibid

[19] Petersen, M. J. (2020). “Promoting Freedom Of Religion Or Belief And Gender Equality In The Context Of The Sustainable Development Goals: A Focus On Access To Justice, Education And Health: Reflections From The 2019 Expert Consultation Process”, Danish Institute for Human Rights, p. 13.

[20]Mahmood, F. (2019, October 24). Ensuring Freedom of Religion and Gender Equality. The Daily Sun. Retrieved from: https://www.daily-sun.com/arcprint/details/433649/Ensuring-Freedom-of-Religion-and-Gender-Equality/2019-10-24 Accessed on: 02.02.2021.

[21] Ibid

[22] Ibid

[23]Frequently asked questions about gender equality. United Nations Population Fund. Retrieved from: https://www.unfpa.org/resources/frequently-asked-questions-about-gender-equality  Accessed on: 02.02.2021.

[24]ibid

[25]Begum, A.(2004). Protection of women’s rights in Bangladesh: a legal study in an international and comparative perspective. University of Wollongong.

[26]Ibid