Justiciability of Economic, Social and Cultural (esc) rights has been a long drawn contested topic in the legal discourse of Bangladesh. Though the emancipation from social and economic exploitation was one of the driving factors behind the emergence of Bangladesh as an independent nation, esc rights are not adequately protected under its Constitutional framework and have received scant judicial protection. Despite the coming into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-icescr) in 2013 and the mounting pressure from global community, Bangladesh seems to have made an unflinching vow of continuing the legacy of denial towards judicial enforcement of esc rights. This article examines the feasibility of ratifying the OP-icescr for Bangladesh.
Hindu women’s limited right to inheritance in Bangladesh is a story of state-sponsored deprivation; a frustrating legacy of the political authority’s systematic indifference and failure in protecting minority women’s right to property for nearly half a century. Bangladesh, from its early decades, has experienced the resurgence of religion as one of the driving factors behind gender and minority-sensitive policy formulation and implementation. Under the veil of constitutional secularism, religion has become one of the most pervasive tools in the hands of the political authorities for methodical marginalisation of religious minority groups especially of Hindu community. Consequently, Bangladesh has failed to move forward with appropriate legislative measures for improving the present status of Hindu women’s right to property. This article argues that the underlying reasons behind such failure is intrinsically intertwined with power-centric electoral politics rather than normative socio-religious practices.