Legal shield for women

[abduarif]

Raju Mollah

Ours is a country where women live in a very vulnerable situation. Widespread violence against women is prevalent in every corner of the country. Many women in Bangladesh become victims of  rape, gang rape, murder, torture and acid throwing. Even though Bangladesh has a special law to protect women from oppression, ie The Prevention of Oppression against Women and Children Act, 2000, the difficulties facing women have not been ended. This Act seeks to address the offences related to oppression on women through rigorous punishments.

Nari o Shishu Nirjatan Daman Tribunal

There are one or more tribunal in each District Headquarter to try offences under this Act established by the law. The tribunal consists of one judge and the government shall appoint the judge among the District or Session Judges. The government shall appoint such judge as the judge of the tribunal in addition to his/her duty.

Offences against women

According to the Act, the following offences shall be tried by the Nari o Shishu Nirjatan Daman Tribunal: death, attempt to cause death, hurt, damaging of sight or ear, disfiguring face, breast, sexual organ, limb or any other part of the body, throwing any burner, caustic or poisonous substance over a child or a woman, trafficking, kidnapping, taking ransoms, rape, sexual oppression and causing or attempting to cause death for dowry.

Investigation of an offence

Any investigation of an offence under this Act shall be completed within 60 days from the date of receiving any information regarding the offence or passing of any order by the magistrate for investigation. If the investigating officer satisfies the tribunal by showing special causes that it is proper to extend the time for investigation for the end of justice, the tribunal may order to complete the investigation within the extended period which would not be more than 30 days.

Procedure followed by the tribunal

 

If the trial commenced in the tribunal, it shall be held on each working day until the completion of the trial.

The tribunal shall complete the adjudication within the period of 180 days from the date the case was filed.

If the adjudication is not completed within the stipulated period, the tribunal can release the accused on bail and shall notify the causes if the accused is not released on bail.

The party aggrieved by the order, judgment or punishment imposed by the tribunal, can appeal to the High Court Division within the period of 60 days against such order, judgment or punishment.

Safe custody

If at any stage of the trial of an offence under this Act, the tribunal thinks  that any woman or child is needed to be kept in safe custody, the tribunal can direct to keep the woman or the child, out of the jail and under the custody of a government authority determined by the government or under the custody of a person or organisation whom the tribunal thinks proper.

Filing any false case or complaint under the Act

If any person files or causes to be filed any case or complaint against a person under this Act for the purpose of causing injury to that person, although he knows that he had not any proper or legal ground to do so, the person filing or causing to be filed that case or complaint shall be punished with rigorous imprisonment for either description which may extend to seven years and also with fine.

Prohibition on publishing identities of a woman or a child oppressed in news media

Any news, information or name and address or any other information regarding any offence, committed under this Act of which a woman or a child is the victim, shall be published or presented in such a way that the acquaintance of the woman or the child remain undisclosed. If this provision is infringed, the person or persons liable for such infringement, each shall be punished with imprisonment for either description, which may extend to two years or with fine not exceeding Tk100,000 or both.

If child is born in consequence of rape

The maintenance of that child shall be borne by the person who commits rape
The tribunal may determine after the birth of the child, in whose custody the child shall be and how much money shall be provided to the legal guardian, by the person who commits rape, as expense for the maintenance of the child
His expense shall be provided for upto the period, the child attains 21 years if male and, marriage of the female child, if not disabled, and until the date he/she obtains the capability to earn his/her living, if disabled.

Raju Mollah is an advocate at Dhaka judges court and author of several law books.

See more at: http://www.dhakatribune.com/juris/2014/mar/05/legal-shield-women#sthash.vlAM55G4.dpuf

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