News Desk :
Not all the rape victims in Bangladesh bring charges against the perpetrators fearing social stigma, but those who are brave enough to seek justice face hurdles in every step of the legal battle, reports bdnews24.com.
Besides the societal perspective, pressure from the influential people, legal loopholes and lengthy court proceedings are identified as factors that complicate the efforts to deliver justice. A rape case must be tried in 180 days, according to the Women and Children Repression (Prevention) Act. But that hardly happens.
A lack of witness and physical evidence sometimes saves the suspect in the rape cases as well. The Evidence Act also gives the defence the scope to prove the victim a person with loose morals, making the law itself a barrier to ensure justice. Amid the coronavirus pandemic, protests have broken out in Dhaka’s Shahbagh and other parts of the country over sexual assaults on a woman in Noakhali and the rape of another woman in Sylhet’s MC College recently.
The government later amended the law to introduce capital punishment for rape.
Legal experts, however, stress the need for a proper and quick trial system instead of the death penalty to stop rape.
The number of cases under the Women and Children Repression (Prevention) Act pending in the courts and tribunals across Bangladesh was 168,393 at the end of 2019, according to the Supreme Court data.
It was 224,951 at the beginning of the year before the disposal of 54,618 cases and filing of new ones.
At least 31,539 cases of violence against women and children have been on trial for the past five years.
Only 2.6 percent of the cases in the tribunals in metropolitan areas see verdict.
An investigation officer should complete the investigation and submit the charge-sheet on a rape case in 90 days, while the trial must complete in 180 days and the High Court must be informed after that as per the law.
But the reality is different. Trials are deferred time and again, especially over failure to present witnesses in court, lawyers say.
“The trial of a rape case should be continuous but this provision is not followed most of the times due to settlements between the parties and other reasons,” said lawyer Arfanuddin Khan.
Sometimes, the summons and arrest warrants for state witnesses are deferred due to the influence of the defence, he said. In many cases, negligence of the lawyers for the plaintiff causes the delay in the trial.
“The rape victims come from a poor social background in most of the cases. They can’t afford the legal battle, pay the witnesses for travel and the lawyers. So, the trial doesn’t get far,” Khan said.
Also, in most of the cases, the victim or plaintiff feels scared or shy to appear in court, he said. Witnesses lose interest in giving statement when the defence lawyers ask offensive questions, according to the lawyer.
Another lawyer, Aminul Gani Tito, said the main reason for the delay in the trial is the state’s inability to bring the witnesses to court.
“Negligence of the state counsels, police and also corruption are the other reasons. They (state lawyers and police) sometimes work for the suspects,” he said.
The trial can run faster if the judge is sincere, Tito said.
While the trial is halted, the plaintiff and the accused sometimes go for out-of-court settlements, said Abdullah Abu, the public prosecutor of Dhaka Metropolitan Judges’ Court.
The most important element in a rape case is the physical evidence and medical certificate.
“In many cases, the DNA test, which is very important, is not done. It slows down the investigation,” said Mahmuda Akhter, a legal expert on oppression against women and children cases.
In 90 percent of the rape incidents, the DNA test is not done as the investigation officer cannot find the samples and send them to the lab, legal experts say.
An investigation report based on traditional medical tests is not enough, said Tito.
“A true case of rape will be questioned if the doctor, investigation officer and the public prosecutor do not work with sincerity,” he said.
“A suspect cannot be given capital punishment without a DNA test,” said Prof Kazi Mahfuzul Haque Supon of the Dhaka University’s law department.
“It will be very hard for the judge to give a ruling if any of the evidence is questioned,” human rights activist Khushi Kabir said.
In most of the rape cases, the suspect belongs to an influential quarter which makes the victim insecure.
The Act has its own loopholes including a vague definition of rape, followed by the lack of measures to ensure the security of the victim, said Khushi Kabir.
“Rape victims need their social security ensured. Her image is tarnished in society and she is said to have lost everything. This issue should be addressed. Besides this, witness protection is never considered. Their protection should be guaranteed as well,” she said.
A change in the legal framework and a separate tribunal can be introduced to speed up the trial of both old and new rape cases, suggested Prof Sadeka Halim, the dean of Dhaka University’s social science faculty.
Not all the rape victims in Bangladesh bring charges against the perpetrators fearing social stigma, but those who are brave enough to seek justice face hurdles in every step of the legal battle, reports bdnews24.com.
Besides the societal perspective, pressure from the influential people, legal loopholes and lengthy court proceedings are identified as factors that complicate the efforts to deliver justice. A rape case must be tried in 180 days, according to the Women and Children Repression (Prevention) Act. But that hardly happens.
A lack of witness and physical evidence sometimes saves the suspect in the rape cases as well. The Evidence Act also gives the defence the scope to prove the victim a person with loose morals, making the law itself a barrier to ensure justice. Amid the coronavirus pandemic, protests have broken out in Dhaka’s Shahbagh and other parts of the country over sexual assaults on a woman in Noakhali and the rape of another woman in Sylhet’s MC College recently.
The government later amended the law to introduce capital punishment for rape.
Legal experts, however, stress the need for a proper and quick trial system instead of the death penalty to stop rape.
The number of cases under the Women and Children Repression (Prevention) Act pending in the courts and tribunals across Bangladesh was 168,393 at the end of 2019, according to the Supreme Court data.
It was 224,951 at the beginning of the year before the disposal of 54,618 cases and filing of new ones.
At least 31,539 cases of violence against women and children have been on trial for the past five years.
Only 2.6 percent of the cases in the tribunals in metropolitan areas see verdict.
An investigation officer should complete the investigation and submit the charge-sheet on a rape case in 90 days, while the trial must complete in 180 days and the High Court must be informed after that as per the law.
But the reality is different. Trials are deferred time and again, especially over failure to present witnesses in court, lawyers say.
“The trial of a rape case should be continuous but this provision is not followed most of the times due to settlements between the parties and other reasons,” said lawyer Arfanuddin Khan.
Sometimes, the summons and arrest warrants for state witnesses are deferred due to the influence of the defence, he said. In many cases, negligence of the lawyers for the plaintiff causes the delay in the trial.
“The rape victims come from a poor social background in most of the cases. They can’t afford the legal battle, pay the witnesses for travel and the lawyers. So, the trial doesn’t get far,” Khan said.
Also, in most of the cases, the victim or plaintiff feels scared or shy to appear in court, he said. Witnesses lose interest in giving statement when the defence lawyers ask offensive questions, according to the lawyer.
Another lawyer, Aminul Gani Tito, said the main reason for the delay in the trial is the state’s inability to bring the witnesses to court.
“Negligence of the state counsels, police and also corruption are the other reasons. They (state lawyers and police) sometimes work for the suspects,” he said.
The trial can run faster if the judge is sincere, Tito said.
While the trial is halted, the plaintiff and the accused sometimes go for out-of-court settlements, said Abdullah Abu, the public prosecutor of Dhaka Metropolitan Judges’ Court.
The most important element in a rape case is the physical evidence and medical certificate.
“In many cases, the DNA test, which is very important, is not done. It slows down the investigation,” said Mahmuda Akhter, a legal expert on oppression against women and children cases.
In 90 percent of the rape incidents, the DNA test is not done as the investigation officer cannot find the samples and send them to the lab, legal experts say.
An investigation report based on traditional medical tests is not enough, said Tito.
“A true case of rape will be questioned if the doctor, investigation officer and the public prosecutor do not work with sincerity,” he said.
“A suspect cannot be given capital punishment without a DNA test,” said Prof Kazi Mahfuzul Haque Supon of the Dhaka University’s law department.
“It will be very hard for the judge to give a ruling if any of the evidence is questioned,” human rights activist Khushi Kabir said.
In most of the rape cases, the suspect belongs to an influential quarter which makes the victim insecure.
The Act has its own loopholes including a vague definition of rape, followed by the lack of measures to ensure the security of the victim, said Khushi Kabir.
“Rape victims need their social security ensured. Her image is tarnished in society and she is said to have lost everything. This issue should be addressed. Besides this, witness protection is never considered. Their protection should be guaranteed as well,” she said.
A change in the legal framework and a separate tribunal can be introduced to speed up the trial of both old and new rape cases, suggested Prof Sadeka Halim, the dean of Dhaka University’s social science faculty.
