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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