Staff Reporter :
Attorney General AM Amin Uddin on Tuesday informed the High Court that the government had taken a decision to scrap the concerned sections of the Evidence Act that allow questioning the “character” of rape victims.
During the hearing of a writ petition filed challenging the legality of two sections of the Evidence Act, 1872 the Attorney General informed the High Court Bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman about the government decision.
Then the court asked the Attorney General to submit a report containing the government steps taken in this regard to the court as an affidavit. It also fixed January 4 in 2022 for further hearing on the matter.
Three rights organisations, Bangladesh Legal Aid and Services Trust (BLAST), Ain O Salish Kendra (ASK) and Nari Pakkho, filed the writ petition on Nov 14 challenging the legality of Sections 155(4) and 146(3) of the Evidence Act, 1872 as those allow questioning the “character” of rape victims.
The petitioners sought a ruling upon the respondents to explain as to why the sections 155(4) and 146(3) of the Evidence Act, 1872, should not be declared to be unconstitutional on account of violation of the fundamental rights as guaranteed by the Atricles 27, 28, 31 and 32 of the Constitution.
Pending hearing of the ruling they sought an interim direction upon the respondents to set up a committee to make a report and to provide the same to the court within a period of three months.
Section-155(4) of the act says, “When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character.
“Explanation— A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked of his reasons in cross-examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence.”
According to Section-146(3) of the act, “When a witness is cross-examined, he (she) may, in addition to the questions hereinbefore referred to, be asked any questions which tend-to shake his (her) credit, by injuring his (her) character, although the answer to such questions might tend directly or indirectly to criminate him (her) or might expose or tend directly or indirectly to expose him (her) to a penalty or forfeiture.”
Petitioners’ lawyer Barrister Sara Hossain told the reporters that the two sections of Evidence Act allow questioning and cross-examination of the rape victims’ character and history which are contradictory to their fundamental rights.
Movements are continuing for scrapping the sections, but no step was taken yet and therefore, the writ petition was filed with the HC for necessary directives, she added.
Lawyers ZI Khan Panna and Sara Hossain appeared in the hearing on behalf of the petitioners, while Attorney General AM Amin Uddin and Deputy Attorney General Bepul Bagmar represented the State.
