Questioning rape victim’s character: HC wants to know govt’s steps on cancelling provision

The High Court today wanted to know what steps have been taken by the government to cancel the provision of Evidence Act which allows questioning the character of rape victims in court.

The court ordered the government to submit a report on the steps to repeal section 155(4) of the Evidence Act, 1872 to it on January 4 next year.

The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the order during a hearing of a writ petition that challenged the legality of two sections of the Evidence Act which allow questioning the character of rape victims.

It also adjourned the hearing and fixed January 4 for resume the hearing.

Bangladesh Legal Aid and Services Trust (BLAST), Ain O Salish Kendra (ASK) and Nari Pakkho submitted the petition as public interest litigation on November 14 seeking cancellation of Sections 155(4) and 146(3) of the Evidence Act, 1872.

Section 155(4) of the act says, "When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character."

According to Section 146(3) of the act, "When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend –to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture."

During hearing today, Attorney General AM Amin Uddin told the HC that the government has decided to repeal section 155(4) of the Evidence Act and has already prepared a draft on the issue.

Petitioners' lawyer Sara Hossain argued before the HC bench saying that the rape victims are being harassed and discriminated due to the two sections of the Evidence Act which are contradictory to the constitution.

As the guardian of the constitution, the HC may issue a rule questioning the legality of the sections of the law, the lawyer said.

Sara Hossain also appreciated the government for its initiative to amend Section 155(4) of the Evidence Act.

Lawyers ZI Khan Panna, Sharmin Akther Sheuly and Shahinuzaman Shahin also appeared for the petitioners, while Deputy Attorney General Bepul Bagmar represented the state during the hearing.

Earlier on June 30 this year, Law Minister Anisul Huq told parliament that the provision to question the character of a rape victim in the court will be removed from the Evidence Act, and the government is working in this regard.