Staff Reporter :
A writ petition has been filed with the High Court on Sunday challenging the legality of two sections of the Evidence Act that allow questioning the “character” of rape victims.
Three rights organizations, Bangladesh Legal Aid and Services Trust (BLAST), Ain O Salish Kendra (ASK) and Nari Pakkho, submitted the petition as a public interest litigation seeking cancellation of Sections 155(4) and 146(3) of the Evidence Act, 1872. 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 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 evidenceAccording 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.
The petition may be heard in the High Court bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman this week, said advocate Sharmin Akter, another lawyer for the petitioners.
