Intersecting the Judicial Landscape of Woman Empowerment: A Study Focusing on India and Bangladesh Perspective

Abstract

Reinforcing woman rights advances equality, equity and justice in every sector of the society succinctly empower a nation. Researches done in feminist study so far are focused on the socio-economic or legal factors predominant for women upliftment but the inescapability of judicial insight remains nearly unexplored. This study is a qualitative comparative experiment on judicial eye on women empowerment in India and Bangladesh which aims to showcase how judiciary of the two nations witness women empowerment. Judgements of highest and subordinate courts are regressively analysed to address the diverse standpoints of two judiciaries on extent and limitations of woman in six specific criteria. It has been found that, the Indian judiciary has made remarkable judicial overhaul and extraordinary interpretation to widen up woman empowerment by initiating sexual and matrimonial protection including increased political participation of woman in national politics. Except the few landmark decisions such as the 2009 BNWLA judgement, 1982 Nelly Zaman and 1995 Hefzur Rahman judgment on extensive reasoning on the necessity of protection and participation of woman, Judiciary of Bangladesh is found to be less exponential and pragmatic in judicial interpretational development on women empowerment and poor implementation of judgements. The paper recommends accelerating pro-women legislation with reflection of judicial decision, uniform civil code, and installation of an independent commission to review implementation of judgements upholding woman rights. The study leads the enthusiast of feminist jurisprudence to the understanding how status of women as a citizen and their empowerment is visualized in the judicial context. The paper is designed to manifest the deeper understanding of how judicial role can inject the powerful depiction of restituting women's constitutional rights and how judicial accountability and implementation of judgements can enhance women empowerment by significant pronouncement on violation of women rights.