A joint survey in 2024 by the Bangladesh Bureau of Statistics and UNFPA revealed that three out of four women (76%) have experienced at least one form of intimate partner violence in their lifetime. PCJSS recorded at least 103 incidents of human rights violations in CHT in just the first half of 2025. These are not just mere statistics — they reflect a justice system that has failed to enforce law and maintain accountability. Despite laws such as the Domestic Violence Act 2010, the Rights and Protection of Persons with Disabilities Act 2013, and Articles 27–29 of the Constitution, the failure of Bangladesh’s justice system persists — revealing that legislative reform is not sufficient; rather institutional accountability, judicial reform, and grassroots implementation is what needed to close the gap between law and lived reality.
Under the legal framework, the government has consistently sought to ensure women’s legal rights and active participation; in practice, these laws fall short of that goal. A relevant example is the inheritance system for Sunni Muslim women in Bangladesh, where Sharia law governs succession and grants women a fixed, although somewhat insignificant portion of property. Having said that, the portion is significantly less than what a man receives and women are still often left out of it. A study by UPL and Wave found that at least 70% of women do not inherit their own property. In 2025, the interim government formed the Women’s Affairs Reform Commission that suggested the government should opt for a Uniform Family Code to ensure equal rights for women and men regardless of religion in line with Article 28(2)(3) of the Constitution, which guarantee that men and women are treated equally in all areas of public life and that people are not discriminated against because of their religion, sex, or place of birth.. The Uniform Family Code is a prerequisite to ensure equal rights and justice. Neighbouring countries like India and Nepal are initiating towards UCC which is in fact a broader aspect of the Uniform Family Code. Meanwhile, it is facing backlash from the conservative religious groups like Hefazat-e-Islam. Most importantly, Bangladesh is yet to ratify the most substantial clauses in CEDAW which are Article 2 and 16(1)(c). Both articles state about the elimination of discrimination and ensuring equal rights of women. Many argue that these articles put law and religion, particularly Islam into a conflicting situation but it is worth noting that many Muslim majority countries such as Turkey, Yemen, Jordan have already ratified these. Legislation must evolve through the flow of society and existing laws must reflect it, but even in the 21st century, archaic laws that facilitates crimes exist, especially provisions like section 375 of the Penal Code that explicitly exempts Marital Rape. Many countries around the world have taken initiatives to criminalise marital rape; Bangladesh is yet to do so.
Another concerning issue that often goes unseen by Bangladesh’s legislature and administrators is the rights of persons with disability. In 2007, Bangladesh ratified the ‘Convention on the Rights of Persons with Disabilities‘ and following this. in 2013,enacted Rights and Protection of Persons with Disabilities Act 2013 (RPPDA) which addresses20 rights for people with disability. Section 34 of the act ensures accessibility of PWD in all sorts of public establishments but in reality, it tells a different story.
People with disabilities can’t access most courts or get administrative aid like translators, and there are legislative gaps like ambiguous statement-recording requirements that make it hard for them to participate in the justice system. Due to their vulnerability, disabled women must employ alternative conflict resolution to resolve assaults. A study in the United States found that only 22% of perpetrators of crimes against persons with disabilities were charged and only 9% of perpetrators were convicted, depicting that rights of PWDs for getting justice are being violated globally.
A country’s responsibility and accountability can be verified through its justice system by examining its inclusiveness. Article 28(3) of the Constitution of Bangladesh prohibits discrimination on the grounds of sex, caste and religion, there are still gaps in implementation that make it harder for marginalised groups, like indigenous communities, to protect their rights effectively. Yet Reports on the violation of their rights persist. The CHT Accord established and upheld rights of the ethnic people; however, the curve of exploitation of the indigenous community remains upward. Since 2024, more than 100 indigenous Bawm people have been arbitrarily arrested and on 15 May 2025, one of the prisoners died due to lack of treatment. Those not arrested have been displaced, fleeing to remote jungle areas. Laws that particularly protect the rights of indigenous communities such as International Labour Organization convention no.169, are yet to be ratified. Such activity allows the government to appease populism by bypassing accountability. Moreover, minorities like Hindu women also face such discrimination. In Bangladesh, the Dayabhaga school prevails where most of the Hindu women are often left out from the perpetual hereditary share. Also, in the matter of adoption, women are not even allowed to do so, whether she is a Muslim or Hindu. This shows that Inclusion is recognised in law but poorly enforced.
More than legislation is needed to include women, individuals with impairments, and other social groups. Strong implementation, institutional responsibility, and vigilant administration are needed. Laws like Section 375 of the Penal Code, which are impediments to equal justice must be repealed and clauses such as Article 2, 16(1)(c) of CEDAW, ILO Convention no.169 must be ratified in order to hold the government accountable not only nationally but also globally; as these are also necessary to achieve SDGs (5,10,15,16). Without these reforms it will put Bangladesh’s judicial system in a precarious situation which will result in a lack of trust from the citizens. Access to justice is not a luxury; rather, it is a basic constitutional guarantee that the state is bound to ensure, and every citizen of the country is entitled to that right including minorities, women and people with disabilities.
Adnan Sazid is an undergraduate law student at Premier University, Chittagong.