Laws suffer from implementation crisis

Violence against women has been increasing rampantly. According to Police Headquarter, up to November in 2014, a number of 19773 cases regarding violence against women have been filed. In One-stop Crisis Centers 2951 complaints has been received. In accordance with the findings of Bangladesh National Woman Lawyers Association (BNWLA), violence against women has been increased 11% in 2014 than previous year. Moreover, domestic violence 44%, rape 10%, persecution against domestic worker 9% has been increased. 1910 women were killed and 449 women committed suicide due to different forms of violence upon them.

According to a survey published by UN Women in 2014, 76% women become victim of sexual harassment. In public and private universities 87% female students face sexual harassment. The High Court Division delivered a milestone judgment by issuing certain directives in the form of guideline following a writ petition filed by BNWLA for prevention, protection and redress against sexual harassment at educational institutions and workplaces. This guideline is monumental in the context of promotion of gender equality to create a safe and secured working environment for women and thus to uphold women's esteem. But unfortunately the High Court directives are not followed properly.

Rape became a common incident. Even children are not getting rid of such violence. In 2014, number of rape is 789. Although Women and Children Repression Prevention Act, 2000 contains very vigorous punishment, experience indicates that provisions can't effectively deter offenders or ensure their prosecution. In fact, the law has been misused in many ways and implementation of the law has not been improved. 

Information of Police Headquarter up to November, 2014 shows that 456 cases have been filed under Human Trafficking Prevention and Deterrence Act, 2012. In case of filing cases victim of trafficking becomes more vulnerable, as there is no security available for victims. 

Domestic violence is one of the worst ways to infringe the human rights of a woman. Previously, it was seen as a personal issue, beyond the reach of the law. After the enactment of the Domestic Violence (Prevention and Protection) Act, 2010 it is no longer a mere personal issue. But implementation of the law is not satisfactory at all. The main reason behind it is ignorance of victims and relevant stakeholders about the law. One of the major challenges of this Act is the trend of divorce by husband after filing case under this law. As a result a woman falls into uncertainty, as there are not enough infrastructures to rehabilitate a divorcee woman. 

It is impossible to find out one single approach through which violence against women can be stopped. Some recommendations to prevent violence against women are as follows:

    Proper implementation of laws is essential. Infrastructure facilities as well as gender sensitivity have to be enhanced in administration and judiciary. Moreover, case management and court management has to be introduced in all courts to reduce huge case backlog.

    Law enforcement agencies must be more vigilant and prompt to treat the cases of violence against women with utmost care. More training on women rights issues should be provided to them.

    An independent investigation agency should be formed to investigate crimes against women.

    Protection of victim and witness has to be ensured.

    Law regarding Prevention of Sexual Harassment has to be enacted.

·    There should be more interaction between law enforcement agencies and NGOs to combat violence against women.

    Though it is strictly prohibited in Women and Children Repression Prevention Act, 2000 to publish name of victims, many print and electronic media don't comply with this provision strictly. In this regard news editors of the media should be made aware.

    Integrated initiative has to be taken through inter ministerial coordination.

    National plan of action to curb violence against women has to be implemented effectively.

    Rules under Women and Children Repression Prevention Act, 2000; Torture and Custodial Death (Prevention) Act, 2013 and other women friendly laws have to be made as soon as possible.

Existing number of Women and Children Repression Prevention Tribunal is insufficient. There is no separate tribunal under Human Trafficking Prevention and Deterrence Act, 2012. As a result case backlog has been increasing. So, Human Trafficking Prevention and Deterrence Tribunal has to be formed immediately.

Law alone can't be the only deterrent of violence against women. It must be backed up by conscious public opinion, prompt action, sincere and constant efforts to change society's attitude towards women.

The writer is Research and Advocacy Officer at Bangladesh National Woman Lawyers Association (BNWLA).