Law Analysis
Violence against women: Time to renew the old thoughts
Humanity haunts human beings when humane humbleness is lost. Likewise, woman's right haunts woman when female entity is shattered. In compliance with other countries of the world, 'The International Women's Day' has been observed routinely in our country with firm pledge and commitment to uphold the rights of women. But even after 42 years from independence, can we unequivocally raise our voice claiming and ensuring equal right and dignified status of women in our society? Perhaps not, rather violence and inhuman treatment against women has become a serious threat to overall development and enlightenment of the country. Like other South-Asian countries, violence against women has become a very common phenomenon in our country even from the women's perspective. Where the standard of living is booming, the price of daily commodities is hiking, the occurrence of terrorism and crime is on the rise, nepotism and corruption is increasing; does it sound alarming if aggression against women normally grows high? We, the people of Bangladesh, do feel the necessity of establishing women's rightful status and in consequence of this contemplation, several campaigns and initiatives concentrating on rights of women are launched from time to time by both government and non-government organizations including human rights groups and women activist groups. But it cannot be said that the condition of women has been improved to a great extent comparing to our heart-felt initiatives and expectations. Where lies the problem underneath? I think, time has come to have a look at the issue from different dimensions. As for instance, in many cases of violence it was previously believed that framing a strong and harsh legislation would be a prolific solution whereas, it has already been proved that raising massive awareness against such crime or violence is more effective while combating it. “Reducing is far easier than eradicating”- should be our most probable approach.
In Bangladesh, women become susceptible to different forms of violence like sexual harassment, sexual assault including rape, murder and grievous hurt, domestic violence, dowry related violence, acid throwing, trafficking, kidnapping and abduction, illegal fatwa and illegal arbitration, minority violence, wage discrimination and social discrimination, health and nutritional deficiency etc. According to a report of 'Odhikar' (A Human Rights Organization), last year (i.e. in 2012), about 760 women including children were raped of which 188 were gang raped while 69 were killed after rape. A total of 479 girls and women were victims of sexual harassment among which 18 committed suicide, three were stabbed to death, 24 were injured, 15 were assaulted, 69 were victims of attempted rape and 350 were sexually harassed in various ways. 822 females were subjected to dowry related violence of which four were minor brides, 273 were killed because of dowry, 535 were ill-treated in various other ways and 14 committed suicide over dowry demands. 78 women became victims of acid violence of which 20 were young girls. About nine women were subjected to violence by whipping, social isolation etc. in the name of illegal fatwa. Some women rights organizations like Bangladesh Mohila Parishad, Karmojibi Nari, Bangladesh Adivasi Nari Network, Bangladesh Nari Pragati Sangha etc. express their deep concerns on the fact that the number of unfortunate and unwanted deaths of women is increasing day by day. According to a press briefing in the Dhaka Reporter's Unity, on an average, five national minority women suffer several types of violence per month. Police data shows that 1,09,621 complaints of various forms of violence against women were lodged during the 2010-2012 (up to August) period. Of these, 18,484 complaints were taken into cognizance, but only 6,875 cases were deemed 'genuine' and 'fit' for further proceedings. According to Health Ministry sources: 70% of women suffer from nutritional deficiency, 67% of pregnant women do not receive antenatal care and 14% of pregnant women's death are associated with injury and violence.
But the commitment of the Bangladesh State does not march with the above promises. 'Equality before the Law' and 'No discrimination to women' is constitutionally guaranteed. Women are well represented politically. There is an increase amount of economic opportunities for women that shows a trend towards women empowerment. A number of steps have already been taken to improve the situation of women. Apart from 'The Penal Code, 1860', we have many other Laws that have been enacted to provide punishment to the offenders and protect women from violent acts. We have 'The Prevention of Repression against Women and Children (Amendment) Act, 2003', 'The National Human Rights Commission Act, 2009', 'The Acid Control and Acid Crime Prevention Act, 2010', 'The Guidelines of the High Court Division passed in 2009' (The High Court Bench directed the government to make a law on the basis of its guidelines; until that happened, its guidelines would enjoy the status of Law), 'The Dowry Prohibition Act, 1980', 'The Domestic Violence (Prevention & Protection) Act, 2010', 'The Pornography Control Act, 2011', 'Human Trafficking Deterrence and Suppression Act, 2012'. Besides, Bangladesh is also a signatory to many International Conventions designed to protect women and their rights. Despite all these, women's rights fail to come out from the circle of failure and violence against women is running at a pace.
Reconsiderable factors: issues that need to take into consideration on priority basis regarding violence against women in Bangladesh
- Women who belong to impoverished sections of society, often undergo violent occurrences more.
- The ratio of violence is higher in case of intimate partner violence than violence by strangers. Women are often tortured and physically assaulted by husbands, members of in-laws family or by other kith and kin within their family relationship.
- The risk and possibility of injury and violence is no less even when there is a relationship between the violator and the violated.
- In most cases of rape and harassment, victims are regarded as active contributors to such violence ignoring or minimizing the severeness of the aggressors.
- In some cases of minor violence, women adopt the theory - 'Better not to protest and be free from further social humiliation.'
- No exemplary punishment towards the violator naturally indulges other miscreants to commit heinous crimes without hesitation.
- Traditional crime is increasing or getting new dimension with the assistance of advanced cyber technology like mobile phone, internet etc.
- Jealousy or revenge turns a mere crime to more severe form. Sometimes, the intent is not to kill the victim (in case of acid attacks or disabling organs); instead, it is to cause her pain and make her a living dead.
- Despite having several harsh Laws to protect women from violence, yet the number of crimes against women continues to rise.
- Psychological torture goes unreported which is the biggest cause of female's suicidal death in the country.
- For lack of eye witnesses and evidence, the accused offenders are easily acquitted and cases are recorded as false.
- There remains continuous pressure on victims and her family members in order to discourage legal complaints.
- Women undergo discrimination regarding matrimonial rights and inheritance through religious injunctions or directives.
- Instead of adjudication by the Court, some reported cases of serious violence are placed before the so-called village elite for mediation in the name of 'salish' where the victim is labelled unchaste and the miscreant is sometimes freed in exchange of a minimum amount of pecuniary compensation.
- Reluctance of the police to handle domestic violence issues and other minor family disputes. ? Intervention of the political parties and leaders on behalf of the culprits and offenders.
- Even the womenfolk themselves are ignorant of their rights and are not conscious about the Laws for their own protection.
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