Page 171 - เพศวิถีในคำพิพากษา
P. 171

√“¬ß“π°“√«‘®—¬‡√◊ËÕ߇滫‘∂’„π§”æ‘æ“°…“                                                163







                        Connecting equality concerns with religion is a very sensitive issue. However, it is what
                        actually happens. In fact, there is discrimination against women who do not wear a purdah.
                        Women wearing a purdah also encounter discrimination in workplaces in some cases. However
                        the ground rule should be that we have to practice our religion willingly but not forcefully.



                        ➔  Group 4 : Mohammad story
                        Mohammadûs story was presented by Justice Campbell as an extra case in order to compare
                        the level and scope of inequality to the previous cases.


                        Mohammad is a judge at the Bangladesh Supreme Court. He is married and has 3 daughters.
                        He is 57 years old. He comes from a very good background. He complains that the Chief
                        Justice in the Court travels in executive class while he is going with economy class.
                        He believes that this is inequality. Do we think that it is inequality?





                        ➤  Discussions


                        After presenting the cases, interactive discussion ensued on what they have learned
                        through the exercises. Ms. Naina Kapur facilitated the discussion with the support of
                        Justice Campbell.



                        The following were the main points of the discussion.


                                      ■ Thinking about judging as a social phenomenon, assumptions that
                                        misguide us, new knowledge that are needed to overcome biases, and
                                        obstacles of peopleûs access to justice, the participants agreed that in order
                                        to promote gender equality, the list of obstacles should be removed. In doing so,
                                        judgesû roles are very important. Judges should be aware of those
                                        disadvantages that block access to the courtroom and try to remove them.

                                      ■ Judges must know who are the people appearing in their court rooms.
                                        That is how judges will know about the disadvantages that they have.
                                        Learning about these peopleûs stories is a part of the processes of judging.
                                      ■ Knowing and hearing their stories does not harm the impartiality of judges.
                                        Impartiality is not excluding the information of these people but including
                                        their reality to recognize that they came from disadvantaged situations.
                                      ■ If the procedural laws result in injustice, we have to reconsider and challenge

                                        these rules and patterns since the result is not the intention of the rules.
   166   167   168   169   170   171   172   173   174   175   176