As a result of the increasing number of acts of violence against women, particularly rapes, that have occurred throughout the nation, the protection of women and children has transformed into the primary topic of conversation. The reduction of violence against women has become a problem for us as a result of the incidence of these acts, which seem to be unstoppable.
In the present day, there is no question that those who commit crimes against women and children should be punished in order to guarantee that justice is served. On the other hand, it is essential to safeguard the rights of innocent people who have been subjected to malicious prosecution.
In spite of this, there is a widespread tendency in Bangladesh to make use of the sentiment and opinion of the general population about these matters. As a consequence of this, there is a very high probability that the laws that protect women and children will be used in favor of someone’s vengeful goal.
The Bangladesh Women and Children Repression Prevention Act 2000 (Nari-O-Shishu Nirjaton Daman Ain) (the “Act”) is a specialized legislation that was enacted on July 17, 1995, and it became effective on that day. The majority of the acts of violence committed against women and children are addressed under this statute.
For the purpose of preventing crimes that are associated with the persecution of women and children, this Act includes rigorous legislative requirements. This act addresses a variety of issues, including but not limited to the following: rape, death as a consequence of rape and dower, sexual harassment, and trafficking and kidnapping of children and women.
In accordance with Section 250 of the Code of Criminal Procedure, Section 211 of the Code of the Criminal Procedure, and Section 17 of the Act, the complainant is entitled to receive protection for the whole of the procedure. The Act was presented with the intention that it will eliminate and minimize the amount of violence that is committed against women and children.
The Procedure in brief
According to Section 19 of this Act, all of the offenses that are punished under this Act are considered to be “cognisable.” A “cognisable offence” is defined as an offense for which a law enforcement official has the authority to make an arrest without first obtaining a warrant, as stated in Section 4 (1) (f) of the Code of Criminal Procedure (CrPC). In light of this, an individual who is suspected of violating the Act may be detained without delay.
With that being said, the police will only make an arrest of such a person if it can be shown that the individual in question has been involved in any cognizable offense, that a legitimate complaint has been lodged against them, that reliable information has been obtained, or that there is a reasonable suspicion that they have been involved in such a crime.
Therefore, in the majority of instances, the police have the authority to make an arrest of the individual against whom a complaint has been lodged for committing any offense that is in violation of the Act. A private person has the authority to arrest any individual in certain situations if that private person has reasonable grounds to think that the individual in question has committed a cognizable and non-bailable offense.
It is possible that it would be beneficial to communicate this fact. In such circumstances, however, the person who has been arrested must be turned over to the authorities without any undue delay.
It is under Section 18 of the Act that the laws that pertain to investigations may be found. It is required by Section 18 (1)(a) that the investigation into the offenses be completed within fifteen working days of the date of the arrest of the accused or the date on which the accused was turned over to the police when they were caught red-handed at the time of the conduct of the offense.
Alternately, Section 18(1)(b) stipulates that the investigation must be completed within sixty working days in the event that the accused is not caught red-handed but rather as a result of the filing of a First Information Report (FIR) or as a result of an order of investigation issued by the authorized officer or the Tribunal. There is a possibility that the time restriction might be extended, provided that the requirements outlined in the following sections are successful.
According to the regulations mentioned above, it would seem that the arrest of the individual who is being accused of oppressive behavior against women and children is not a prerequisite for conducting an inquiry into any complaint involving such behavior.
In accordance with the law, each and every case must first be investigated, and then the Police Report must be presented to the Court. As a result of the fact that the offense in issue is one that can be recognized and arrested, the law enforcement agency is obligated to immediately place the accused person under custody awaiting the conclusion of the inquiry in accordance with the Constitution.
After the accused has been taken into custody, he has the right to petition the Tribunal in accordance with section 19 to be released on bail. In addition, in order to get anticipatory bail from the Honorable High Court Division in accordance with section 498 of the Criminal Procedure Code, the accused may attempt to avoid being arrested.
Since the provisions of the Act are quite severe against the accused, section 17 of the Act provides for rigorous imprisonment for a term that does not exceed seven years and a fine in the event that someone files a false complaint or a false case with the intention of causing harm to another person. This is done to protect the accused from malicious prosecution.
The sections 46–67 of the Criminal Procedure Code are where one may find the rights that a person may have in connection to them being arrested. As an example, the following are some of the most significant rights:
At the earliest possible opportunity, the individual who has been arrested must be brought before the Magistrate or the official in charge of the police station.
It is not permissible to hold the person who was arrested for more than twenty-four hours.
The regulations that govern the search of the person who has been arrested and the seizure of any material must be adhered to by the police.
Abuse of the Act
When people break this rule, it hurts our justice system a lot. Laws are making innocent people suffer. At the same time, it makes it easier for crimes to happen in the judicial system. It’s costing the government and society a lot of money and time because people who file complaints or give information, the police, jail staff, lawyers, judges, and court support staff and staff spend a lot of time at work. When thinking about misuse of resources, you should also think about the accused’s friends and family, the victims and witnesses, and the costs and expenses that come with them.
Thousands of innocent people, including many older men, women, and children, have been locked up for months on end. Even groups that fight for women’s rights agree that this rule is being abused by people who are upset about small problems in their relationships.
In the end, this situation denies everyone the chance to find a solution. Women often make fake, serious accusations against their husbands, or their lawyers persuade them to do so, even if the problems in the marriage aren’t that bad. If that innocent husband is found guilty, he will be sentenced, but if he is found innocent, the women who are upset will lose their chance to get back together.
Scope and Protections
The Women and Child Abuse Act covers a lot of different kinds of abuse, such as sexual, physical, mental, and financial abuse. It protects victims legally by giving them things like restraining orders, emergency housing, and support services. The act also requires workers who see potential cases of abuse to report them. This makes sure that people in need get help and support quickly.
Implementation and Challenges
There are legal systems in place to deal with abuse, but it can be hard to make them work. Coordinating between different organizations, a lack of resources, and social stigmas often make it harder to protect victims and hold criminals responsible. In addition, disadvantaged groups may have harder times getting help and justice, which makes them more likely to be abused.
Effects on Victims
Abuse of women and children does a lot more damage than just hurting them physically. People who have been survivors often deal with long-term psychological stress, low self-esteem, and trouble making good relationships. Isolation, shame, and being financially dependent on others are all social effects that make their pain even worse. This shows how important it is to provide complete support services and recovery programs right away.
Prevention and Intervention
To stop abuse, you need to use a variety of methods, such as teaching, lobbying, and community involvement. Communities can make places safer for women and children by making people more aware of violent behaviors, fighting hurtful attitudes, and giving people the tools they need to speak out against violence. Early discovery of risk factors and quick assistance for people and families who are at risk must also be top priorities for intervention efforts.
Global Efforts and Cooperation
Abuse happens everywhere, so working together across countries is necessary to solve this widespread problem. Conventions and laws, like the Convention on the Rights of the Child and the Istanbul Convention, make it possible for people from different countries to work together and help each other fight abuse. Countries can work together to protect vulnerable people around the world better by sharing resources, knowledge, and lobbying.
Recent Developments and Emerging Issues
As social norms change and new problems come up, legal systems need to change too in order to meet those needs. Recent changes to the Women and Child Abuse Act include changes that protect victims better, make it easier for people from disadvantaged groups to get justice, and broaden the legal meaning of abuse. New problems like cyberbullying, human trafficking, and different kinds of discrimination highlight how important it is for lawmakers to always be alert and come up with new ideas.
Public Perception and Advocacy
To create an atmosphere of respect and equality, people must change how they feel about abuse. Advocacy groups, media efforts, and local projects are all very important for spreading information, fighting myths, and encouraging good social norms. Advocates can help change people’s thoughts and actions so that there is no more tolerance for abuse by making the words of survivors heard, teaching the public, and organizing group efforts.
Conclusion
The Women and Child Abuse Act is a very important step toward making the world safe from violence and abuse. Society can make communities better and more fair for everyone by recognizing the rights and worth of women and children, giving survivors power, and making abusers responsible. But the fight against abuse is far from over. We need to stay alert, work together, and speak out for everyone so that we can make real progress toward a future where no one is afraid.