Why rape law reform is crucial to ensure gender equality, rights and justice?
Tasmiah Nuhiya Ahmed of DOT
Demanding necessary reforms in procedural and substantive areas of rape law to ensure inclusive justice for rape survivors, experts commented on country’s existing rape law.
Sara Hossain, Advocate of Bangladesh Supreme Court-
“Both compensation and punitive measures should be kept in the laws for addressing rape offences. The redress given to the rape victims by the International Crimes Tribunal can be an example in Bangladesh in terms of giving recognition to the rape victims. We can devise reform for compensation and recognition of the rape victims by looking into the past. The law can be amended in light of the Constitution and Human Rights laws.” Justice A. F.M. Abdur Rahman, former Justice of the High Court Division-
“The definition of rape needs urgent review. ”
Justice Nizamul Huq, former Justice of the Appellate Division of the Supreme Court of Bangladesh and Chief Legal Advisor, BLAST-
“We need a change in laws and procedures, witness protection and most importantly a change in social perceptions..”
Dr. Shahnaz Huda, Professor, Department of Law, University of Dhaka-
“The definition of rape needs to be updated in the light of the Constitution since the Penal Code is a 160 year old law. In addition to reforms and changes needed to procedural issues, compensation for victims may be introduced so.”
Advocate Nina Goswami, Director, ASK-
“Rape is an offence where compromise (aposh mimangsha) is barred by law but powerful perpetrators end up forcing a compromise onto powerless victims. Close monitoring of rape cases is needed.”
Advocate Mitali Jahan, Program Manager, BRAC Human Rights and Legal Aid Services-
“The presence of women forensic experts and medical officers should be ensured when medico-legal examinations are conducted on rape survivors. “
Dr. Ayesha Afroj Chowdhury, DPM, Gender NGO & Stakeholder Participation Unit, MOHFW-
“The Court has acknowledged the Health Ministry Protocol to collect medico-legal evidence which says any doctor, irrespective of gender, can examine the victim. It also addresses special measures for children and persons with disabilities.”
Rita Das Roy, Member, Naripokkho-
“We need wholesale reform the Evidence Act 1872. The police needs to prioritise issues of violence against women. Gender sensitisation training is needed to overcome existing social stigma and to ensure respect and redress for rape survivors.”
Dr. Mahbubur Rahman, Professor, Department of Law, University of Dhaka –
“Given the very low conviction rate, we need reform of the whole criminal justice system and to ensure proportionate penalties are available and judges can exercise discretion in imposing penalties. ”
Taqbir Huda, Research Specialist, BLAST-
“Compensation is not talked about in rape cases and punitive methods are focused on. In 5 out of 35 reported cases, compensation has been granted and the discretion of judges are not properly exercised. Even where compensation has been given, only the minimum amount is always imposed. In rape cases, compensation can be given as a right of the victim or the existing criminal procedure law can be reformed as well as introducing tort law mechanisms”
Afsana Islam, Assistant Professor, Department of Women and Gender Studies, University of Dhaka-
“Implementation and publicity is essential to ensure proper application of the law. ”
Tamanna Sing Baraik, Program Officer, Dalit Nari Forum-
“Women face discrimination both outside and inside their communities.”
Joya Sikder, President, Somporker Noya Setu –
Despite the cabinet’s recognition of the Hijra community in 2013, we find that the police do not receive our complaints regarding forcible sexual violence.”
Barrister Abdul Halim, Advocate, Bangladesh Supreme Court-
“When a girl is raped, her right to life is violated which cannot be measured with any compensation. No government has taken initiative to form a State Compensation Fund even after so many years of the liberation. The State should take measures to form a State Compensation Fund. The Court can also popularize public law compensation apart from other forms of compensation. But most importantly we need leadership in the judiciary.”
Fowzul Azim, Chief Legal Research Officer, Bangladesh Law Commission-
“The High Court should formulate the directions and distributed as guideline in the lower courts. In the absence of sentencing guideline the conviction rate is increasing and the criminal justice system fails to provide just and fair outcome.”
Humaira Aziz, Director, Women and Girls Empowerment Program, Care Bangladesh-
“A rape victim becomes unable to participate in the educational and social activities like before, and gets temporarily detached to family. No compensation is given considering these impact. There should be a measuring scale for the compensation and there should be change in the mindset of the judges and lawyers too.”