Bangladesh

The enthusiasm with which the convention of the rights of the child was received in Bangladesh quickly dissipated as difficulties in implementation arose. It is recognized both by the government and civil society that countless children in Bangladesh are routinely denied their basic human rights. However the scope of the problem is such that for too many children the promises of the convention remain hollow. Millions of children still receive no education, work long hours under hazardous conditions, or languish in inhumane conditions in institutions. Others live in slums or squatters' camps without proper hygiene or sanitation.

It remains for organizations like Phulki to come forward and tackle some of these problems. If we are to have a healthy and intelligent population, special attention must be paid to the physical and mental well being of the young. To do nothing is to condone this blot on our national consciousness. In trying to provide the right atmosphere for the psycho-social development of both women and children Phulki has begun to process brining a quality of life that will have a lasting effect for those touched by our work.

Dhaka

The capital city of Bangladesh receives more than a million rural migrants a year! Most are forced to live in the many slums that have grown up in most unsanitary conditions. Often all members of a migrant's family have to work for sheer survival. Mothers who traditionally stayed at home to care for their children must now work either in garment factories, as brick chippers on building sites or in domestic service. Under these conditions infants and children are left in the care of their older siblings at the expense of their own welfare and schooling. They thus loose their childhood. In some situations young children are completely neglected and left to live off the streets. In all such cases, the children of the poor are faced with extreme sufferings. Some poor working mothers have to raise their children as single parents yet have to work to survive. However with Phulki's help, for the first time these women realize they do have the ability, capacity and the right, to lift themselves out of their predicament.

Women

In 1997 the United Nations Development Program's (UNDP) Human Development Report found that out of 175 countries, Bangladeshi standards of women's employment, management and leadership positions, left them way below average in 144th place.

Much of the struggle for women's empowerment stems from rural patriarchy and the discrepancy between statute and practice in the towns. Cultural and religious taboos on male and female interaction have been the greatest obstacle to women's ability to move away from gender stereotyping and stigmatized rules. Although in moving to the city to work women are breaking many of these taboos once they arrive in Dhaka and other industrial centers they face new barriers to their welfare. Laws that regulate women's working hours and conditions are not always accurately implemented. Also they often do not take account of the religious personal law systems which enhance existing vulnerabilities in the legal system and affect and victimize the personal lives of the citizens, especially women.

It is through work that women may lift themselves and their children out of poverty. The government of Bangladesh has realized that women's income is beneficial in upgrading the lifestyle of the lower and middle class households. At the same time Export-orientated industries have provided a means of work for many poor women. In increasing the working opportunities for women the garment industries have brought women out of the home. These women are therefore spearheading a social revolution by changing the way women are viewed in Bangladesh.

Nevertheless in leaving their homes to work women face the problem of having to work to support their children yet being unable to support their children whilst they are at work. Rural female migrants are mostly illiterate and suffer from malnutrition and other diseases. They are mostly aged between 15 and 30 and have children that desperately need their support. With no-one to look after their children but desperately in need of work they must leave their children unattended inside their homes or exposed to horrendous conditions outside.

Phulki wants to ensure that women can work to better their lot without compromising the safety and happiness of their children. As women make up 80 per cent of the garment industry workforce it is here that the pioneering work of establishing day care has begun. By providing child-care, women's access to employment will increase; the efficiency and skill of those already working will be improved and with peace of mind mothers will contribute a higher level of productivity. With the knowledge that their children's mental and physical development is being nurtured safely there is less absenteeism and a stronger, more motivated workforce. Phulki is therefore creating a system that is highly profitable for the employer, employee and dependent children. It is therefore a system which can be sustained well into the future; a win win situation.

Laws

Existing Laws that relate to women and children:

The Penal Code 1860: Provides that children under 12 are not culpable for any offence and are unable to give their consent to any transaction. It was made an offence to kidnap a male under 14 and a female under 16 years who are in lawful guardianship. It was made an offence to kidnap a child under 10 years of age.

The Divorce Act 1869: Asserts the right of the court to assess the appropriate maintenance, custody and education of the children in separation cases.

The Contract Act 1872: Legislates that a contract by a minor is absolutely void. A contract of sale made with the guardian of a minor may be binding only if it were made either for legal necessity or for the benefit of the estate.

The Guardians and Wards Act 1890: Empowers the court to appoint a guardian of a minor's person and/or property. No guardian may be appointed that is against the will of the minor.

The Code of Criminal Procedures 1898: Any person having sufficient means yet neglecting or refusing to maintain his wife and legitimate children can be ordered to provide a monthly allowance for his dependents. The court obtained empowerment to release certain convicted first offenders less than 21 years of age on probation of good conduct instead of sentencing them to imprisonment.

The Mines Act 1923: Prohibits employment of a child under 15 years of age to work in a mine and regulates the employment of those between 15 and 17 years of age.

The Child Marriage Restraint Act 1929: Provides punishment for a male adult marrying a child below 16 years of age. It also prescribes punishment for parents and guardians who play a part in child marriages.

The Suppression of Immoral Traffic Act 1933: Provides for the punishment of forcing a girl under 18 years into prostitution. Abatement by one having custody or charge of the girl is also a crime.

The Children (Pledging of Labor) Act 1933: It was made an offence to pledge a child into labor or employ a child whose labor has been pledged.

The Employment of Children Act 1938: Regulates the employment of children in specified industries and occupations and provides for punishment of the employer contravening the provisions of the Act

The Maternity Benefit Act 1939: Regulates the employment of women for certain periods before and after childbirth and provides for the payment of maternity benefit to them by the employer.

The Maternity Benefit (Tea Estate) Act 1950: Prohibits the employment of women in tea gardens or processing factories for a certain period before and after childbirth with payment of maternity benefits for the period.

The Minimum Wages Ordinance 1961: Set a minimum rate for juvenile (under 18) workers and provides for punishment and contravention.

The 1965 Factory's Act obligated the management to provide child care if the factory employs more than fifty women. Practices to the contrary are punishable by law. (Act No-iv, 1965)

The Shops and Establishment act 1965: Prohibits the employment of children under 12 years in shops and commercial establishments. It further regulates the hours of work for those under 18 years of age.

The Children's Act 1974: Provides for the custody, protection and treatment of children and the punishment of young offenders by juvenile courts. It also deals with care and protection of destitute and neglected children. It provides, among other safeguards, for the punishment of special offences such as cruelty to children, employment of children for begging and exploitation of child employees.

1992, the Government of Bangladesh made the Dhaka Declaration for the promotion and protection of breast-feeding practice.

In 1994, the Government of Bangladesh agreed to support ecvironment includes provision of child care and creche facilities at the work place.

In addition to these formal laws, there are a number of personal and religious laws, which mainly relate to social customs such as marriage, divorce, guardianship, adoption and inheritance, according to religious prescriptions.