Women Rights against Sexual Violence in Bangladesh | Sexual Harassment Law Bangladesh | Rape, Dowry Punishment and Regulations

Women Rights against Sexual Violence in Bangladesh | Sexual Harassment Law Bangladesh | Rape, Dowry Punishment and Regulations

Women Rights against Sexual Violence in Bangladesh | নারী নির্যাতন অপরাধসমূহ আইন

Tahmidur Rahman, Senior Associate

28 Oct 2019

Women Rights against Sexual Violence in Bangladesh:

Are you being sexually abused and would like to know about your rights in Bangladesh and take legal actions against the perprator? Or are you wrongfully accused of an offence of sexual violence? This post in details will deal with the legal provisions and remedies of women’s rights against sexual violence and the process of taking legal action based on those discrete situations.

 

Sexual Violence in Bangladesh

In our country (i.e in Bangladesh), there are different laws to deal with women’s oppression, most of which are described in Nari-O-Shishu Nirjaton Daman Ain 2000. This “Act” comprises 34 parts of a strict nature and is considered one of the most important laws dealing with violence against women and children despite having “Penal Code” and “CRPC” in our judiciary. It deals with crimes related to the trafficking and abduction of children and women on women and children, rape, rape and dowry-related death, sexual harassment, etc.

Domestic abuse as an incident or pattern of controlling, coercive, threatening, degrading and violent behaviour, including sexual violence, by a partner or ex-partner in the majority of cases, but also by a family member or career. It is faced by women in the vast majority of cases and committed by men. A non-partner (not including sexual harassment) is estimated to have experienced either physical or sexual intimate partner violence or sexual violence at some point in their lives by 35 percent of women worldwide.

 

Nari-O-Shishu Nirjaton Daman Ain 2000

Before we dive into the punishment regarding the crimes and how you can avail the necessary support lets see the Flowcharts which will help to classify the crime and its degree henceforth. 

Here in the first part (Section 01-08) of the infographics of the act, which prominently deals with abduction, kidnap predominantly.

 

 

Section 9 (Rape)

This part of the flowchart specifically deals with the Rape in Bangladesh by a sexual offender hence all subsections of the section are included below.

Procedure of the Act for Women Rights against Sexual Violence Bangladesh:

In regards to Women Rights against Sexual Violence in Bangladesh, Nari O Shishu Nirjaton Daman Ain is quite stern and includes extreme punishments of land. Section 19(1), as its counterpart section 4(f) of the CRPC, clearly makes all crimes under this act “cognizable.” A “Cognizable Offence” may be charged without a warrant by the police. Nevertheless, the most striking part of this Act is Section 19(2), which made all crimes pursuant to this Act non-bailable. This definitely limits other insincere attorneys who want to keep an offender out of court instead of keeping him behind the bar. Another landmark when it comes to research.

Domestic abuse as an incident or pattern of controlling, coercive, threatening, degrading and violent behaviour, including sexual violence, by a partner or ex-partner in the majority of cases, but also by a family member or career. It is faced by women in the vast majority of cases and committed by men. A non-partner (not including sexual harassment) is estimated to have experienced either physical or sexual intimate partner violence or sexual violence at some point in their lives by 35 percent of women worldwide.

The investigation is to be completed within fifteen working days from the date of the arrest pursuant to Section 18(1)(a). Additionally, Section 18(1)(b) provides for the completion of the inquiry within sixty working days where the perpetrator is not found but the time limit may be extended subject to the fulfilment of the conditions contained in the following sections. This requires an appointed body (Police) to pass the order of the investigation within a specified period of time for the end of justice.

 

OFFENCE COMMITTED BY CORROSIVE OR ANY OTHER SUBSTANCES (Punishment):

 

 

  •  Death or attempt to death:

Offences such as causing death or attempting to cause death of any woman or child by a burner, corrosive toxic substance or causing harm to a child or woman resulting in permanent damage to the sight or ear or disfiguring any part of the woman’s or child’s body with any organ, joint or limb, shall punish the offender with death or lifetime transportation.

  • Throwing or Attempting to throw Substance Burner

For throwing or attempting to throw any substance burner, caustic or poisonous over a child or a woman, the offender shall be punished, with rigorous imprisonment of either description which may extend to seven years but not less than three years and also with fine not exceeding fifty thousand bdt.

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OFFENCE COMMITTED BY CORROSIVE OR ANY OTHER SUBSTANCES (Punishment):

 

 

  •  Rape offence punishment in Bangladesh:

The offender shall be punished with life imprisonment and fine for rape with a woman or child. If the woman or child so raped died later as a result of rape or any act by him, the rapist shall be punished with death or lifelong transportation and also with a fine not exceeding one lakh bdt.

  • Gang Rape Punishment in Bangladesh

If more than one man rape a woman or a child and that woman or child dies or is injured in consequences of that rape, each of the gang shall be punished with death or rigorous imprisonment for life and also with fine not exceeding one lac taka.

  • Rape in Police Custody

    If a woman is raped in police custody, each and every person under whose custody the rape was committed and all of whom were directly responsible for that woman’s safety shall be punished for failing to provide security, unless otherwise proved, with imprisonment for either description extending to ten years but not less than five years of rigorous imprisonment and fines.

  •  Medical test of a woman or a child being raped

A woman or child being assaulted must be subjected to medical tests as soon as the crime is committed. If the medical examination is not carried out immediately, the Court may order the doctor’s appointing authority to take action against him for neglect of duty.

  •   Punishments for causing death due to dowry

If, on behalf of the husband, the husband of a woman or his father, mother, guardian or any other individual causes death or attempts to cause death, causes harm or attempts to cause harm to the wife, husband, parent, mother guardian, relative or any other person on his behalf, they shall be punished; for causing death or attempts to cause death, they shall be punished with transportation for life and so forth.

 

  •  Safe Custody

If the Tribunal finds that there is a need for any woman or child to be held in safe custody at any point of an offence trial, the Tribunal may order that the woman or child be kept out of prison and under a Govt’s custody. Govt-determined authority. To that end, or under the custody of a person or organization that the tribunal considers appropriate.

  •   Appeal

The aggrieved party by the order, judgment or punishment imposed by the Tribunal, can appeal to the High Court Division within the period of sixty days against such order, judgment or punishment.

 

 

What if you are wrongfully accused of sexual harrasment in Bangladesh? 

The police will arrest such a person only if he (the accused) is involved with any identifiable crime or if a legitimate allegation has been made or if credible information has been obtained or if there is reasonable suspicion that he or she is associated with it. Consequently, in most cases, police may arrest the person against whom any complaint has been made under the Nari-O-Shishu Nirjaton Daman Ain for committing any offense. 

 

Serious crimes, including Nari-O-Shishu Nirjaton Daman Ain offenses, in practice. But in such situations, without unnecessary delay, the arrested person must be handed over to the police.

 

The inquiry guidelines are included in the S. 18 Of the law. Based on S. 18(1)(a) The investigation into the offenses must be completed within fifteen working days of the date on which the accused was arrested or handed over to the police while the accused was caught in red handed over at the time the crime was commissioned.

Otherwise, S. 18(1)(b) calls for the investigation to be concluded within sixty working days where the accused is not caught in red handed over but as a result of the request by the approved officer or the Tribunal of the First Information Report (FIR) or as a result of the investigation. The time limit may be extended if the conditions specified in the following sections are fulfilled. Therefore, it appears from the aforementioned provisions that investigating any allegation regarding Nari Nirjaton does not depend on the accused person being arrested. Law requires that each case be investigated and submitted to the Court followed by the Police Report.

Legal Support regarding Nari o shishu nirjatan daman ain by Counsels Law Partners

If the other party participates in unfair practices, this could be reversed by an appeal to a negative judgment. Counsels Law Partners provides the client with the most promising advice to try the best result in that situation. Whether you need assistance in deciding your dispute is a suitable applicant for Nari o shishu nirjatan daman ain or you need counsel to ensure that your legal rights are protected while you are engaged in cases involving Nari o shishu nirjatan daman ain, The Barristers, Advocates, and lawyers at Counsels Law Partners, Dhaka, Bangladesh law firm, are highly experienced in dealing with them.

For Legal Support regarding Nari o shishu nirjatan daman ain by Counsels Law Partners: 

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Land Law in Bangladesh – Rules & Regulations & Everything you need to know

Land Law in Bangladesh – Rules & Regulations & Everything you need to know

Land Law in Bangladesh – Rules & Regulations & Everything you need to know

Tahmidur Rahman, Senior Associate

20 Oct 2019

This post in will explain in details the Land Law in Bangladesh – Rules & Regulations, Everything about property law that you need to know and be aware of.

 

Types of Land in Bangladesh

 

At first let’s summarise the main forms of land properties or title to lands in Bangladesh. It is important to understand that the types of land classified below may co-exist so that there are several layers of tenure in relation to one parcel of land. For example, a person who has common law freehold may enter into a 3-year lease with a tenant, who may in turn lease a room to a sub- tenant.

A. Common Law Freehold: 

Exclusive land ownership for an indefinite period of time. No private individual has the right to own more than 20 acres of agricultural land under Bangladeshi law. It is estimated that 69% of farm land ownership in Bangladesh is currently Common Law Freehold (as surveyed in 2005).

B. Permanent Lease/ Khas Lease

 

The right to use a government land plot for a term of 99-years at no expense varying from one to three acres. The Ministry of Lands grants landless persons (i.e. persons without freehold of common law) rights to use khas. Often this type of tenure is called a’ permanent lease.’

 

C. Leasehold

The right to use land or housing owned by another, also referred to as a money lease, for a fixed period in exchange for payment of rent. It is important to sign leases of more than one year. There is no need to provide one year or fewer leases in writing. 

 

D. Sharecropping Agreement

Each shareholder and landowner receives one-third of the crop, and the remaining third is allocated on the basis of their contribution to crop costs. Sharecropper contracts must be legacy for at least five years.

 

E. Customary Ownership

 

Official government bodies and normal institutions share jurisdiction over property law in the Chittagong Hill Tracts. Nevertheless, customary law is applied in practice and institutions of government seldom interfere.

F. Co-operative Ownership

Cooperative ownership is a condominium-like ownership of an apartment. The purchaser holds stock shares in the building company and a rent or transfer of the apartment being sold by the seller’s contract in a collective ownership.

G. Tied Tenancy

 

Where a person occupies residential accommodation as an employee of a government agency or private organization, or as an agricultural land labourer.

H. Informal Tenure

 

There are many forms of unofficial tenure, which means tenure that does not meet the requirements for registration. It includes the following details.
Leasing without a registered lease— a person who has a verbal agreement to occupy land or housing for a rent payment of more than one year or from year to year.
Unregistered land ownership— a person owns land under circumstances but the land is not properly registered. For example, the land transfer was not registered to the current owner, or the current owner owns part of a subdivided block and the subdivision was not registered.

 

What are the main government and non-government bodies (eg, representative bodies) which administer the land law of Bangladesh rules and regulations or deal with housing, land and property?

The Lands Ministry, which has the following divisions, is the largest government agency responsible for land management, which governs the Land Law in Bangladesh – Rules & Regulations, and Everything regarding property law.


The Land Record & Survey Directorate is responsible for conducting land surveys and creating individual land registration certificates (khatian) and maps (mouza) for each parcel of land.

The Land Reform Board is responsible for administering government land (i.e. khas), establishing and collecting land development tax, enforcing land reform laws and preparing modified property registration certificates.

The Land Appeal Board is responsible for the determination of appeals against decisions of government officials on land issues, namely land taxes and land ownership and boundaries as reported in land registration certificates (khatians) and maps (mouza).10 In addition to the above, the Land Registration Department is responsible for the registration of land ownership changes arising from land recording. The Land Registration Office is housed within the Law, Justice and Parliamentary Affairs Ministry. This operates at district level by District Registrars and by Sub Registrars at Upazilla, i.e  in Sub-District Level.

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Land Document & Registration Process in Bangladesh 

According to Bangladeshi law, the following forms of transactions are required to be registered: leases for more than one year or from year to year; freehold transactions relating to common law, such as transfers or subdivisions; and the granting of 99-year government land leases (khas).

In fact, informal conveyancing is extremely common as there are major issues with the system of land registration in Bangladesh.We use the word ‘ informal conveyancing’ to refer to transactions that do not comply with the criteria for registration. The World Bank ranks Bangladesh 186th out of 190 countries for the speed, reliability and performance of its land registration processes.17 The shortcomings in the land registration process in Bangladesh are as follows:

• Land registration is a complicated, time-consuming and costly process:

For example, registering a transfer of freehold land in Dhaka will take about 245 days, require a payment of 10 percent of the purchase price and involve eight different procedures.These procedures are generally too difficult for lay people to follow without legal assistance, and too expensive for urban poor people. The cost of land registration is exacerbated by required speed moneys in government offices.

• Inaccuracy in certificates:

The reliability of land registration certificates (khatian) and maps (mouza) is undermined by the fact that there are several government agencies involved in the process of land registration and poor coordination between them. At three different offices, ownership rights are registered:

o The Directorate of Land Record & Survey (DLRS) is responsible for conducting surveys of land, including preparing individual land record certificates (khatian) and maps (mouza);
o The Department of Land Registration (DLR) is responsible for registering land transfers and reporting these to the Land Reform Board; and
o The Land Reform Board (LRB) is responsible for manually preparing updated land record certificates.

How ‘Counsels Law Partners Associates’ helps the purchaser of any land in Bangladesh:

The purchaser often requires a comprehensive due diligence report on several complex issues involving authenticity, title, possession and land transfer history prior to acquisition, purchase of land or long-term lease for commercial purposes. Only a physical search of books and records in a number of offices can provide the same, in addition to physical survey is often required to locate and measure the land. Once due diligence is done, when land / building / apartment is found to be satisfactory, the purchaser also needs assistance in preparing the documentation of the Deed of Agreement for Purchase (Baina); Sale Deed; Lease Agreement, etc. It’s a very complex matter to deal with land.

How to Transfer property in Bangladesh? 

In Bangladesh, the transfer of property is governed by the Transfer of Property Act 1882, which essentially shapes the Land Law in Bangladesh & Rules and regulatations. In this act, “transfer of property” means an act by which a living person transmits property to one or more other living persons, or to himself, or to himself, or to one or more other living persons, in the present or future; and “transfer of property” means such an act. “Living person” includes an individual corporation or association or body.

There are four modes of property transfer given below: sale; lease; exchange; and inheritance and mortgage transfer of gift property.

SALE:

 

Sale is an ownership transfer in exchange for a price paid or promised or part paid or promised. Unless the price is determined, a sale is not complete.

Contract for Sale: If the seller and buyer agree to sell or buy the property at a later stage, the seller and buyer must enter into a contract for sale. A agreement establishes a contractual responsibility between the buyer and the seller, and a contract for sale does not change ownership of the property. A sales contract in the sub-registry should be registered.

LEASE:

 

The lease of immovable property is a transfer of the right to enjoy such property, made expressly or implied or in perpetuity for a certain period of time, in consideration of a price paid or promised, or in consideration of money, a share of crops, services or any other value.

EXCHANGE:

 

The trade is called an exchange if two people swap each other’s ownership of one item for the possession of another, one thing or both things being cash only.

GIFT:

Gift is the transfer of certain existing mobile property made voluntarily and without consideration by a person called the donor, to another person called the donor and accepted by the donor or on behalf of him. 

 

 

“The lease of immovable property is a transfer of the right to enjoy such property, made expressly or implied or in perpetuity for a certain period of time, in consideration of a price paid or promised, or in consideration of money, a share of crops, services or any other value.”

REGISTRATION IS MANDATORY

Under the present laws of Bangladesh, the deed by which the property will be transferred is required to be registered with the relevant Sub Registry Office. Non registered document has no legal value and the any party will not be able to enforce his/her right if the deed is not registered.

RECORD OF RIGHTS

If the name of the transferor is not found in the latest Khatian or his/her name is not mutated, the Sub Registrar will refuse to register the transfer deed. Therefore it is mandatory to mutate the name of the transferor in the latest Khatian.

 

 

If you wish to know about the rquired steps to go through before buying any property in Bangladesh, go through the Article Below. This post deals with the questions like Why it’s important to verify the ownership of any property in Bangladesh? How to find the Ownership of a Land?

How to find the Ownership of a Land | Check the Legitimacy of Property you buy in BD

  • Here we have described in details (nine steps), the procedure of verifying the property of any ownership of any properties in Bangladesh.

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Divorce Procedure in Bangladesh: A complete guidance.

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Bangladesh Family Law – Divorce Procedure in Bangladesh

Everything you need to know about divorce in Bangladesh

Tahmidur Rahman, Senior Associate

5 Aug 2019

How to file a divorce in Bangladesh? Taking a divorce in Bangladesh could have an effect on both partners if the correct procedures are not followed.The following post & Infographics will give you a thorough overview of divorce procedure in Bangladesh.

The Legal Process of Obtaining a divorce in Bangladesh

Marriages and Divorces (Registration) Act, 1974 oversees the procedure of divorce in Bangladesh. Divorce is the only valid way to end a relationship other than an act of God. The divorce process is very straightforward in Bangladesh. The simple three steps are:

i) Giving written notice,

ii) Meeting the Arbitration Tribunal,

iii) After the expiry of 90 days, taking the Registrar’s registration certificate.

Here in the following paragraphs we will explain the procedure of divorces amongst all communities and faith in Bangladesh.  

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Divorce Procedure if you are a Muslim:

 

Divorce is the legal dissolution of the material bond between the parties complying with the requirements of the law. Nevertheless, Islamic law means a distinction between the breakup of the marital relationship by the party filing for divorce. In general, Muslim law provides for two forms of divorce that include:


(i) Extra-judicial divorce and

(ii) Judicial divorce.

Extrajudicial divorce consists of three types,

(i) divorce by the spouse (talaaq, ila, zihar),

ii) by the wife (talaaq-e-tawfeez, lian) and

iii) through mutual consent (khula, muba’rat).

Here the talaq classification in details:

 

 1: Talaq from the Husband 

 

Simply ‘Talaaq’ is a divorce by the husband. If the husband pronounces talaaq once during a tuhr that leads to abstinence from sexual intercourse in order to complete the iddat duration, the talaaq will become successful. The tuhr period is the interval between menstruations.

        2: Talaaq-e-Tawfeez by Wife

Talaaq-e-Tawfeez is a divorce procedure in which the wife may, on her own behalf, renounce her marriage in accordance with the delegation provided by her husband. Now, this is a bit complicated, as the provision of this talaaq has to be drawn up in the niqahnama under section 18 with the permission of the husband.

 

        3: Talaaq through mutual agreement

 

Here both husband and wife through their mutual perticiaption aims for a seperation. It’s also termed as Mubarat. Mubarat is also one kind of dissolution of marriage where both of the parties want mutual separation and the aversion is mutual.

 

“Under traditional Islamic law a bare talaq divorce is deemed to have taken place when the husband pronounces three times “I divorce thee”. This pronouncement dissolves the marriage instantly.”

Divorce in Hindu Marriage:

 

Steps towards dissolution of Hindu marriage:

 

➤ Petition to file for divorce –

First of all, a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both husband and wife on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more.

This petition will, then, be signed by both the parties.

 

➤ Appearing before Court and inspection of the petition-

 

After that, both the parties will have to stand before the family court after the filing of the petition. The parties would present their respective counsels/lawyers

The court would gradually observe the petition along with all the documents presented in the court by the counsels of both parties individually.

The court may even attempt to bring reconciliation between husband and wife; however, if this is not possible, the matter proceeds for further follow-ups.

 

➤ Passing orders for a recording of statements on oath-

Eventually, the petition is examined by the court and it satisfies, court may order the party’s statements to be recorded on oath.

 

 ➤The first motion:

 

The first motion shall be passed and a period of 6 months shall be given before the second motion Then, once the declarations have been made, a decision on the first motion shall be given by the court. After that, all parties will be granted a six-month period of divorce before they can file a second petition. The maximum time period for filing a second request is 18 months from the date of submission of the divorce application to the Family Court.

➤The second motion :

 

Second motion and final hearing of the petition Once the parties have decided to proceed further with the proceedings and to appear on the second motion, they can proceed with the final hearing. It includes the presentation of the parties and the recording of the comments before the Family Court.Recently, the Supreme Court has held that the 6 months period given to the parties can be waived off at the decision of the court.

Therefore, the parties who have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties, this six months it can be waived off. Even if the court is of the opinion that the waiting period will only extend their sufferings, the six months can be waived off in this case also.

 

➤ Decree of Divorce

 

In the case of a joint divorce, the two parties must have given their consent and there must be no discrepancies in the issues relating to the estate, custody of the child, care, property, etc. There must therefore be a complete agreement between the parties on the final decision on the dissolution of the union.
If, after hearing the parties, the court is satisfied that the claims in the petition are valid and that there can be no hope of reconciliation and cohabitation, it may pass a divorce decree ordering the marriage to be dissolved.

The divorce comes to an end once the divorce order has been signed by the judge.

 

Divorce in Christian Marriage:

 

Divorce in Christian marriage can not be induced by a declaration of divorce by either side or by mutual agreement, except by a court order. The provisions for the dissolution of Christian marriage by order of the court was included in the Divorce Act of 1869. Under the provisions of this Act, any husband may make a petition to the District Judge’s court or to the Supreme Court of Bangladesh for the dissolution of his marriage on the ground that his wife is guilty of adultery. Likewise, any woman can make such a petition to either court for the dissolution of her marriage on any of the following grounds:

(i)I that the husband, after marriage, has converted to any religion other than Christianity and has married another woman;

(ii) that the husband is guilty of incestuous adultery;

(iii) that the husband is guilty of adultery with bigamy;

(iv) that the husband is guilty of marriage with another woman and adultery;

(v) that the husband is guilty of rape, sodomy or bestiality;

(vi) that the husband is guilty of adultery;

(vii) that the husband was guilty of adultery combined with desertion for two years or more without a reasonable excuse.

 

If the court is satisfied on the basis of evidence of the alleged ground and is satisfied that the complaint is not collusive or that there is no connivance or condonation of the alleged act of adultery, an order for dissolution of the marriage is issued.

A district judge can, subject to approval by the High Court Division, issue a decree for the dissolution of marriage nisi. The Board of Three Judges of the High Court Division may, by majority opinion, approve such a decision after hearing or further examination or taking further evidence.

 

Following the dismissal by the district judge of the petition for dissolution of the marriage, the petitioner may submit a similar petition to the High Court Division. The three judges of the High Court Division may also, by majority opinion, issue an order for the dissolution of marriage on a petition filed before the High Court Division. Either of the above two courts may also issue an order for the nullity of marriage on any of the following grounds:

(i) that one of the parties was powerless;

(ii) that the parties are within the forbidden degree of consanguinity or affinity;

(iii) that either party is insane at the time of marriage;

(iv) that the former husband or wife of either party existed at the time of marriage, and that marriage was then in effect.

Once, the husband or wife can, without a reasonable excuse, seek a judicial separation order from either court on the grounds of adultery, abuse or desertion for two years or more. Such an order for judicial separation may be overturned by the court on the basis that it was imposed in its absence and that there was a reasonable excuse for the suspected desertion. The court may also issue an order to protect the estate of a deserted woman.

Likewise, an order for the restoration of conjugal rights may also be issued if either the husband or the wife has withdrawn from the other’s business without a reasonable excuse.

 

 

 

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