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The public uproar following the horrifying rape of an eight-year-old girl in Magura has once again propelled the government to make changes to the Women and Children Repression Prevention Act. This renewed initiative came amid a surge in sexual violence against girls and women, leaving many feeling unsafe in their homes, on public transport and in outdoor spaces. The government's move to modify the existing legislation seemingly acknowledges the perceived inadequacies within the justice system that may be fuelling this rise in violence. It also raises the crucial question of how much the amended law will contribute to building a safer environment for women in the country now that it is in effect.
In modern political systems, citizens expect their governments to maintain law and order and ensure a baseline level of security and stability. Consequently, an increase in severe crimes such as rape often leads to public scrutiny and demands governmental action. While complete elimination of crime may be an unattainable goal, governments are nonetheless expected to employ their resources to effectively deter criminal activity and guarantee that perpetrators of such crimes face swift punishment.
However, in Bangladesh, there is a recurring pattern that legislative changes are pursued in response to public outrage rather than as part of long-term strategic reforms. This reactive approach can lead to a cycle of repeated amendments, each seemingly making the law stricter without necessarily resulting in a tangible decrease in the targeted crime. The Women and Children Repression Prevention Act itself has undergone several such revisions.
Past experience shows that even well-meaning legal provisions often falter due to poor implementation. Previously, rape trials were supposed to be completed within 180 days of a tribunal receiving the case. Failure to meet this deadline meant that the tribunal, prosecutor, and police had to submit written explanations to their respective authorities. Despite frequent breaches of this 180-day limit, the recent amendment reduces the trial period to just 90 days. Given that cases are already languishing beyond the 180-day deadline, how realistic is it to expect their resolution in half that time without a corresponding increase in operational capacity? Reportedly, over 0.15 million cases related to violence against women and children are currently under trial at the existing 101 tribunals. With each tribunal burdened with around 1,500 cases, the implications of imposing a stricter trial deadline are readily apparent. Hoping to achieve a marginal reduction in the tribunals' workload, the amendment provides for the transfer of "simple hurt" cases of dowry disputes to first-class magistrate courts. However, this limited shift is unlikely to substantially alleviate the existing burden enough for the tribunals to realistically ensure timely trial completion.
A significant factor contributing to delays in rape trials in Bangladesh is often the procedural procrastination by lawyers, who face no accountability for unwarranted delays. Regrettably, the amendment appears to have overlooked this critical aspect. Meaningful reform aimed at expediting trials requires provisions that hold legal professionals to account for delaying tactics that obstruct due process.
That said, the latest amendment does introduce a significant correction which is the removal of bail eligibility for rape accused if trials exceed stipulated timeframe. Given that delays are the norm, many accused individuals were often released on bail that caused victims to go into hiding for fear of reprisal. The amendment's combination of eliminating this bail provision with the aim of shorter trial durations (90 days) is a positive step. By significantly reducing the waiting period for trial, the rationale behind granting bail to the accused is diminished, thereby potentially enhancing the security and sense of justice for victims.
Another promising aspect of the amended law is the introduction of a "Zero FIR" provision, which mandates that all police stations must accept rape complaints regardless of jurisdiction. Victims have frequently reported being turned away by police on the grounds that the crime occurred outside the station's area. This issue is particularly prevalent in cases with significant implications, possibly due to a desire to avoid media attention or the pressure of a swift investigation. This jurisdictional rigidity has been a major impediment to timely justice, especially for victims who experience sexual assault while travelling. The new provision would remove this barrier, potentially saving crucial time and preserving vital evidence. India, which implemented a similar Zero FIR provision last year, has seen it lauded for enabling quicker police intervention.
However, one aspect of the amended ordinance has become a notable point of contention and is already being challenged in court through a writ petition. It is the provision that allows for prosecution of individuals for engaging in sexual intercourse under a false promise of marriage, an action that, if aimed at obtaining other valuables, would likely to be classified as fraud. Treating this as an offence under the act blurs the lines between criminal deception and sexual violence, and also creates a risk of misuse. Even under Sharia law, consensual intercourse between adults is typically regarded as fornication, for which both parties are held accountable. Framing it solely as a crime by the male participant, as the amendment does, is oversimplifying a complex issue.
Pervasive sexual violence in Bangladesh is tragically enabled by the silence of many victims, which often allows perpetrators to escape punishment. Sexual predators continue to exploit opportunities in homes, educational institutions, workplaces and public areas. Past successes such as drastic reduction in acid attacks following targeted legal and administrative reforms demonstrate that change is possible with governmental commitment. However, legislative amendments alone are insufficient. The government must prioritise making it safe and easy for all victims, especially children, to report these offences. A dedicated helpline, widely promoted through social and online platforms, is an essential step in that direction. As long as reporting sexual offences remains cumbersome and intimidating, only the most resilient and resourceful individuals will likely to come forward, leaving countless others deterred by the daunting prospect of engaging with the police.