Raihanatul Jannat
From the beginning of mankind importance has been given in marking ones’ turf to feel secure. In respect of modern lifestyles, our private homes are the safe haven where no harm can come our way. However, irrespective of gender some individuals face a regular pattern of negative behaviour involving violence and/or abuse from their intimate partners or co-habiting family members within their own walls.
In a country like Bangladesh, there is no denying that the traditional patriarchal society gives men the upper hand. Unequal practices are still considered as social norms despite experiencing a remarkable growth and awareness for treatments which are both equal and gender neutral. Therefore celebrating male dominance and subordinate female roles as tradition dictates subjugation, and encourages domestic violence which is widely prevalent in both rural and urban areas. However, the causes of sexual violence can also be attributed to poverty in rural areas, a lack of understanding towards women’s right of not to be treated like property, and negative economic independence for women.
Though other forms may exist at a smaller scale, violence within marriage is almost accepted as a normal drawback of co-habiting. Such cases are not reported unless it is life threatening because women view it as a personal and family matter not to be shared outside closed doors. Bangladesh National Women Lawyers Association (BNWLA) maintains that up to 30% of Bangladeshi women believe that husbands have the right to inflict violence upon them due to their failure of wifely duties.
According to a recent study conducted by the Bangladesh Bureau of Statistics and in collaboration with United Nation Population Fund revealed that up to 87% of married women were victims of domestic violence. Therefore, it is likely that nine out of ten husbands inflict physical, psychological, economical and sexual violence and/or abuse on their wives. About 12,600 Bangladeshi women were surveyed and among them 65% were victims of physical torture, 82% of psychological abuse, 53% of mental anguish, and 36% of sexual violence.
Without a doubt it is evident that domestic violence creates social instability alongside significant health risks. However, a case study by CARE in 2013 shows that it has severe economic repercussions as well. The adverse cost of domestic violence represented about 2.1% GDP which came up to Tk150,000,000 annually.
The Penal Code 1860, contains provisions that address various forms of violence towards women. In 1997, the country first adopted a national policy for “advancement of women” which aimed to eliminate gender biasness. By 2009, the government had formed “National Council for Women and Children Development” which was headed by the prime minister. However, throughout the period there were no specific legal framework which dealt with domestic violence. Any relevant cases were being considered as per the Prevention of Women and Child Repression Act, 2000.
In response, Domestic Violence (Prevention and Protection) Act was enacted in 2010. According to the Act, any women or children affected or about to be affected by domestic violence by any other member of the family to whom a family relation exists were classed as victims. Moreover, it defined the elements of domestic violence separately. It listed out the duties and responsibilities of a police officer, shelter homes and medical practitioners while investigating cases; and the appointment of enforcement officers and their duties. The Act also provided a victim the right to reside in the family home; to seek redress in forms of compensation orders, protection orders and safe custodial orders; and to appeal against orders made by the court. The grounds for false claims of domestic violence were also covered, thereby introducing imprisonment and/or fines.
However, despite the Act’s commendable nature it has been claimed that no substantial implementation has taken place. In day to day cases of domestic violence, the effective application of the existing law is an exception rather than a rule. The field level enforcement officers does not have sufficient logistic support, the police and medical practitioners are not aware of the law, and there are no supervisory central system to monitor and uphold the Act.
Thus due to the shortcomings, victims of reported cases are facing further violence and in some cases demise of their marriage. This is imposing a social stigma on the victim and placing the liability of a failed marriage on their shoulders. It is not a desirable impact as such ramifications may silence other victims. Therefore, it is recommended that the government frame a set of rules for successful implementation of the Act. Further resources should also be allocated towards training, workshops and other campaigning programmes to ensure the effective use of law. Moreover, in rural areas it might be helpful to engage males as advocates against violence and gender-bias treatments to make them understand the cause better. It should be noted that, victims can contact the government helpline by dialling 10921 from any mobile operator to receive further support regarding domestic violence.
Source:
http://www.dhakatribune.com/juris/2014/dec/18/legal-protection-domestic-violence#sthash.7VkrQt19.dpuf
