Miti Sanjana | SabrangIndia

A step closer to justice for rape victims: landmark ruling of Bangladesh HC

Mon, 04 Jun 2018 06:25:57 +0000

Proper implementation of the High Court’s 18 guidelines could bring justice to countless victims of sexual violence

Justice delayed is justice denied Photo: BIGSTOCK

The High Court has delivered a landmark judgment issuing 18 directives that any police station must record a rape case, and samples are to be sent for DNA testing to a forensic laboratory within 48 hours of the alleged crime taking place.

The authorities must consider these directives as guidelines, and strictly follow and observe them until a specific law is made to ensure protection, security, investigation, and justice for the victims who are sexually abused or raped.

Five human rights organizations collectively filed a writ petition with the HC on May 24, 2015 seeking necessary orders from the High Court over the gang rape of a Garo girl in the capital on May 21, 2015.

These guidelines have to be followed by all until adequate legislation is enacted. The court has issued a series of 18 rules to serve as guidelines.

In all rape cases or cases of sexual assault, it is mandatory for DNA tests to be conducted. The DNA and other samples have to be sent to the concerned forensic science lab or DNA profiling centre within 48 hours of the alleged occurrence
Victims must be given the necessary security and have their privacy protected. At all stages, the identity of the victim should be confidential
A server will have to be opened immediately, where the complainant can register their complaints or information
The relevant officer at the police station cannot refuse or delay the recording of the complaint, irrespective of whether the incident takes place under its jurisdiction or not
Every police station will make a list of social workers who will assist the police station
The statement of the victim will have to be recorded in the presence of security officers, social workers, lawyers, or anyone of the victim’s choice, as per the directives
Every police station must keep a female police officer not below the rank of constable who will take the victim for a health check-up
Each police station must make a list of female social workers who will provide victims with mental help and support
Victims should be informed of their right to protection from the state and should be given any information they request on the matter. Immediately upon receipt of the complaint, the duty officer shall inform them about the victim support centre
In case of women with disability, children, or young people who are unable to understand, interpretation services will have to be provided
The statute should contain a specific provision dealing with refusal or failure of the officer concerned of the respective police station without sufficient cause to registrar such cases
Any failure of duty on part of the investigation officer in collecting the report or to take the victim to the nearest hospital for medical examination would be a punishable offense
The investigation officer shall endeavour to complete the investigation at the earliest
There should be wider dissemination of the national helpline number on violence against women, girls, or children through visual, audio, as well as print media, including a designated website
An office has to be established in every metropolitan city for the purpose of providing necessary security, medical assistance, counseling, and secured protection for the victims

In addition, the Supreme Court registrar general shall send the copy of its verdict to the ministries of law, children and women, and home affairs, as well as the inspector general of police for taking necessary steps for the enforcement of the guidelines.

Young women experience a shocking amount of sexual violence in our country. Generally, people in our society largely consider it a private issue, not something to be discussed in public, and tend to blame the girl when she comes forward with a complaint.

Moreover, the lengthy legal process also makes it very difficult for her to run the case year after year to get justice. “Justice delayed is justice denied” is a very popular saying.

In between seeking justice and getting justice, a victim has to go through a lot of formalities and legal proceedings, which are inevitable.

But we hope that proper implementation of these guidelines may eradicate undue delays by providing quick justice to the victims.

Miti Sanjana is a Barrister-at-law from Honourable Society of Lincoln’s Inn, an Advocate of Supreme Court of Bangladesh, and an activist.

Courtesy: Dhaka Tribune

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A bond for seven lifetimes: Hindu marriage law on divorce in Bangladesh

Thu, 17 May 2018 06:26:54 +0000

What Hindu marriage law says about divorce

Hindu divorce laws are in need of reform /BIGSTOCK

Barnali (a pseudonym), a 29-year-old Hindu woman, came to me with a complaint about how she was being abused and tortured by her husband. She comes from Chittagong, and is a doctor by profession.

She was in a relationship with Sudip, a businessman who resides in Dhaka. Barnali’s family had objected to their wedding. After being in a relationship for five years, Barnali left her home. The two got married in a private temple ceremony.

Gradually, their parents accepted their relationship, and the couple began living together. After a few months, they registered their marriage under the Hindu Marriage Registration Act 2012. For two years, they lived happily.

But things took a horrific turn soon after, when Barnali went back to work. By that time, she gave birth to a beautiful girl. Her husband began demanding for her to leave her job if she wanted to keep their marriage intact.

He barred her from interacting with her co-workers. By then she realized that there was no way out for her — she agreed to his demands and left her job.

She thought the nightmare was over, but the torment continued. He terrorized her all the time, and even kept a mistress on the side. He would beat Barnali for almost anything: Going out without his permission, keeping contact with friends, serving him anything less than a nice, hot meal.

Finally, refusing to suffer anymore, she decided to live on her own. The evidence of abuse is imprinted all over her body and face.

In Bangladesh, marriage and divorce-related issues are governed by the respective religious laws of an individual. The marriage and divorce of Hindus are governed by their religious laws. In India, the Hindu laws for marriage and divorce have been modernized by statutory intervention by the Indian parliament.

Unfortunately, the Hindu matrimonial issues have not been modified. Recently, there has been a recent advancement through the requirement of registration (optional) in any Hindu marriage, but Hindu divorces are not allowed in Bangladesh. Therefore, the option of divorce for a victim such as Barnali is yet unavailable in Bangladesh.

Marriage in Hindu law is regarded as an indissoluble union between husband and wife, and joins two individuals for life. It allows them to pursue duty, possessions, physical desires, and ultimate spiritual release together. It is a union of two individuals as husband and wife, and is recognized by law.

In the Hindu religion, marriage is followed by traditional rituals for consummation.

In fact, marriage is not considered complete or valid until consummation. In terms of religion, a Hindu marriage is considered as a bond for seven lifetimes. So, divorce is not recognized in Hindu law.

Under the Hindu Married Women’s Right to Separate Residence and Maintenance Act 1946, a Hindu “married woman” can seek separate residence, but there are certain grounds:

1. The husband is suffering from a disease not contracted from her
2. The husband treats her with such cruelty that it becomes unsafe or undesirable to live with him
3. The husband abandons her without her consent or against her wish
4. The husband marries again
5. The husband ceases to be a Hindu, by converting to another religion
6. The husband keeps a mistress or habitually resides with a concubine
7. If there is some other justifiable cause

However, a married Hindu woman shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by converting to another religion, or fails, without sufficient cause, to comply with a decree of a competent court for the restitution of conjugal rights.

The suffering of women in our society is the stuff of legends. Many Hindu girls in our country stay in abusive marriages and endure the harassment of their partners — simply because of the fact that the laws of the land do not allow them the right to file for divorce.

For centuries, these women have been neglected and exploited by a male-dominated society. Women had to fight hard at every step to reach where they are today.

Laws cannot save a fraying relationship or mend a broken heart. But it can at least end a woman’s suffering by giving her relief from an abusive marriage.

Miti Sanjana is a Barrister-at-law from Honourable Society of Lincoln’s Inn, an Advocate of Supreme Court of Bangladesh, and an activist.

First published on Dhaka Tribune

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