Movement

Amendment Act.-2000
[proposed and presented by Ms. Tania Amir, Barrister-at Law]

The Bangladesh Constitution
Fourteenth Amendment
(Draft) Bill

An Act to amend certain provisions of the Constitution of the Peopl&s Republic of Bangladesh
Whereas it is expedient to amend certain provisions of the Constitution of the Peop1e’s Republic of Bangladesh for the purposes and objectives hereinafter appearing. Object And Purpose
1. To promote the effective participation of women in Parliament and to accelerate this process by way of direct election, which can be practically materialized by providing 1/3 (one third) reserve seats for women in the Parliament through Direct election;
2. To increase the total number of seats in Parliament to 450. out of which 300 seats to be known as general seats and 150 seats to be known as reserve seats for women;
3. To amalgamate and combine two contiguous constituencies together out of the 300 general seats, by the Election Commission for the purpose of creating 150 single territorial constituencies, which shall be treated as reserved seats for women;
It is hereby enacted as follows:

Act No.... Of 2000
Preamble
WHEREAS the struggle for freedom culminating into the war of liberation was fought with the great ideal for establishing a democracy through effective participation of men and women in order to ensure equal justice social, political and economic for which the people of Bangladesh made supreme sacrifice.

AND

WHEREAS in order to ensure these ideals Bangladesh Constitution adopted empowerment of the people as it’s fundamental objective and proclaimed that ‘all powers in the Republic belong to the people” (Article 7) meaning thereby all the people. both men and women;

AND

WHEREAS in order to realise this objective of the Constitution one of the Fundamental Principles of The State Policy stipulates that ‘steps shall be taken to ensure participation of women in all spheres of national life’ (Article 10); and further directing the State to ensure “effective participation by the people through their elected representatives at all levels” (Article 11);

AND

WHEREAS the State had thus been mandated and as such it is a Constitutional obligation of the State to follow these principles in making of laws (Article 8);

AND

IN REALIZING this objective, temporary special measures were adopted in the original constitution to enhance the participation of women in Parliament, it being the most important political organ of the people, so that effective participation of women may be progressively enhanced by providing 15 seats initially and later increased to 30 seats reserved for women in Parliament to be indirectly elected by the other Member of Parliament.

AND

SINCE the adoption of the temporary special measures in the constitution these temporary experiments were embarked upon, in order to watch and evaluate how the system can function. with the ultimate objective of empowerment of women along with men through direct election and improving the gender balance towards the goal of equal participation of women in Parliament so as to ensure their effective participa.tion therein.

AND

WHEREAS after long deliberations and debates on this issue, there now exists and overwhelming consensus of the people and commitment of the State as reflected in its National Policy for Development of Women dated 8th March, 1997 stating in no uncertain terms that upon the completion of the tenure of reserved seats for women in Parliament expiring in 2001, steps shall be taken to ensure direct election of women and Politics. This can only be effected and realized by increasing the number of seats for women in Parliament by direct election;

AND

IN REALIZING this acclaimed policy the State while discharging its obligations under the Constitution have already made provisions for the local governments, i.e., each Union Council and Paurashava already having one-third of the seats reserved for women elected through direct franchise;

AND

THEREFORE to harmonize and pursue a consistent policy in making the laws relating to representation on the basis of the same strategy and principle of 1/3 rd women’s representation in all elected institution by direct election, it is also necessary to introduce the same ratio and the method of direct election for the reserve seats for women in Parliament;

AND

WHEREFORE it is necessary to make appropriate amendment to the Constitution as the State is pledge bound under its own constitution and also under national international commitments, being a State Party to the U.N. convention of Elimination of All Forms of Discrimination Against Wome (CEDAW) aimed at accelerating de facto equality between men and women and to take all appropriate measures, including affirmative actions, to ensure the participation of women in the formulation of government policy and the implementation thereof, and to hold public office and perform functions at all levels of government and public life.

Hence
The Constitution of the Republic of Bangladesh be amended in accordance with Article
142 of The Constitution to be known as:-

Constitution (Fourteenth) Amendment Act 2000

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