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Bangladesh: Combating
impunity of another kind
February 8, 2008 - (thedailystar) In Bangladesh,
women make up roughly 49% of the population. They bear a disproportionately
greater share of the country's poverty and are discriminated against
in both the public and private sphere. Class based, repressive and
community mind-sets, certain social behaviours, unchallenged economic
dependence and financial insecurity, and high illiteracy keep the
majority of the women out of an equal position within the family,
society, and the overall development process of the country.
Gender violence is one of the serious issues in Bangladesh and unfortunately,
one that is most neglected by various agencies of the government.
Despite specialised criminal laws for protecting women the Suppression
of Violence against Women and Children Act, the Dowry Prohibition
Act, the Child Marriage Restraint Act, the Acid Crime Control Act,
to name a few instances of violence against women- especially domestic
violence and rape have not decreased in any significant manner.
The major reasons why women do not get justice are access to justice,
police corruption, and mismanagement of vital evidence and ignorance
of the law.
In light of the above, in March 2007, Odhikar and Action Aid Bangladesh
decided to collaborate on an awareness-raising programme on the
issues of rape and acid violence and the laws involved with the
goal: To create effective and friendly environment in support mechanism
for the victims of acid violence and rape by the state duty bearers.
A study by Odhikar revealed the following:
Despite the fact that in most cases the victim knows the violator,
the perpetrator often escapes the law through bribery, power and
a culture of impunity. In some instances, the protectors of society
have become violators, as members of law enforcement agencies are
accused of rape and sexual abuse, but are rarely brought to justice
under the Code of Criminal Procedure and the Penal Code.
| Year |
Reported Acid Attacks on Women |
Reported Incidents of Rape |
| 2003 |
181 (out of 337) |
1366 |
| 2004 |
191 (out of 307) |
896 |
| 2005 |
104 (out of 196) |
906 |
| 2006 |
105 (out of 161) |
639 |
Acid violence is a relatively common form of violence
against women in Bangladesh. The first documented case of acid
violence was in 1967 when a young girl had acid poured on her
by her 'admirer' when his proposal of marriage was refused by
the girl's mother. There is evidence in recent years that there
has been an increase in acid attacks.
Victims are attacked for many reasons - because a young girl or
woman spurns the sexual advances of an admirer or rejects a marriage
proposal. Recently, however, there have been acid attacks on children,
older women and sometimes also on men. These attacks are often
the result of family or land disputes, dowry demands or a desire
for revenge. Acid violence drastically changes the life of the
victim including education, employment and other aspects of normal
life. Survivors often have to face social isolation that further
damages their self-esteem and confidence and undermines their
professional and personal future.
What of the availability of acid? Unfortunately, acid it sold
openly in chemist and homeopathy shops and local medicine dispensaries
and can be found in goldsmith workshops and shops selling and
repairing car batteries. It is also openly sold around the tannery
and handloom factories. Despite the law, there are no checks as
to the trade in acid and other corrosive substances and those
selling the liquid ask no questions. There is even, allegedly,
a good trade in cross-border smuggling in acid, which may play
a role in contributing to the high rate of acid violence in the
border districts.
Adding to the relevant criminal liabilities under the Penal Code
for rape, attempted rape, kidnapping, hurt, and grievous hurt,
etc., the Suppression of Violence against Women and Children Act
2000 provides for severe penalties for perpetrators of violence
against women. A further significant step has been taken by the
Government by enacting the Speedy Trial Tribunal in November 2002
for the quick trial and disposition of five specified offences
including murder and rape.
The President of the Peoples' Republic of Bangladesh approved
the Acid Control Act 2002 and the Acid Crime Control Act 2002
on 17 March 2002. The laws were promulgated to meet the demands
that acid crimes be controlled and perpetrators receive swift
punishment and that the trade in acid and other corrosive substances
be guarded by legal checks and balances to prevent their easy
accessibility.
The Acid Crime Control Act, this law aims to rigorously control
acid crimes. It houses stringent punishments ranging from the
death sentence to life imprisonment, to between three to fifteen
years imprisonment and a hefty fine. The Act provides that if
the Acid Crime Control Tribunal feels that the investigating officer
has lapsed in his duty in order to 'save someone from the liability
of the crime and did not collect or examine usable evidence' or
avoided an important witness, etc., the former can report to the
superior of the investigating officer of the latter's negligence
and may also take legal action against him.
The Acid Control Act 2002 has been introduced to control the “import,
production, transportation, hoarding, sale and use of acid and
to provide treatment for acid victims, rehabilitate them and provide
legal assistance”. The National Acid Control Council has
been set up under this act, with the Minister for Home Affairs
as its Chairperson. Under this Council, District-wise Committees
have been formed albeit, only in six or seven Districts to date.
Members of the Council include the Minister for Women and Children
Affairs, Secretaries from the Ministries of Commerce, Industry,
Home Affairs, Health, Women and Children Affairs, and representatives
from civil society as specifically mentioned in the law. This
allows for a broad spectrum of representation. More importantly,
according to this law, businesses dealing with acid need a license
to do so, and the government has arranged for a Fund to provide
treatment to victims of the violence and to rehabilitate them,
as well as to create public awareness about the bad effects of
the misuse of acid.
Despite the Laws, why do annual figures on reported incidents
of rape and acid violence remain high? There are several reasons
for this and for why the law is not being implemented properly.
The victims are largely from the poor and underprivileged section
of the society in many cases contrary to the perpetrators. Since
the poor struggle for access to justice, acid and rape victims
face the same. There is yet to be a separate, modernized Investigation
Department with trained investigators in the police force and
overburdened police are unable to carry out their investigation
duties properly. Many NGOs have called for the formation of a
separate department, but pleas fall on seemingly deaf ears. Furthermore,
there is not follow-up done as to whether businesses are procuring
licenses for the sale and trade of acid. Many doctors are reluctant
to come to court to give evidence. Lack of sufficient judges and
judicial officers in the lower courts causes delay in hearings
and cases are either not heard on time or remain pending.
Many of the above findings are applicable to other sectors where
lack of implementation of the law causes serious damages in matters
pertaining to violence against women such as dowry-related violence.
This being the case, why are no steps being taken to rectify the
matter? Issues of violence against women still remain in the back
seat. Non-government organizations are doing their bit to create
awareness against rape and acid violence and the social and legal
repercussions they have. The government is now legally bound to
do its share, under the new Laws. A lot of power has been given
to the National Acid Control Council and district level committees
and they must gear up their activities and not wait for NGOs to
prompt them into action.
Odhikar and Action Aid planned the programme “Ending Impunity
of Acid Violence and Rape” with specific purposes in mind
Ensuring legal support and justice to victims and monitoring the
implementation of the Acid Laws, including encouraging the setting
up of DACC where there are none. In order to do this, Odhikar
will have to carry out advocacy work with police, judges, lawyers
and local administration about the consequence of the acid and
rape victims and explore their cooperation to ensure punishment
of the perpetrators. It will also have to organize collective
action (social and legal) against perpetrators of acid attacks
and rapists. Thus, the target groups aimed for are members of
the present and future district level acid control committees,
local government representatives, police officers, lawyers, journalists,
judges/magistrates, doctors, department of women affairs, teachers
and NGO leaders.
Odhikar scans 11 news papers every day, every year and as per
news papers reports of 2004, 2005 and 2006 the districts of Sirajgonj,
Satkhira, Khulna and Barisal came up as the most rape and acid
prone areas. On 19 20 May 2007, a workshop was organised by Odhikar
and AAB regarding acid violence and rape, the social impact of
these crimes and the relevant laws governing their punishment.
Also included in the programme was issues about fact-finding,
court visits, how to attend meetings of the District Acid Control
Committees, why cases fail in the court and the accused person
gets acquitted, etc.
Odhikar's human rights defenders and Action Aid's local level
partners have taken a keen interest in the work and some fact-finding
has already been carried out. In the matter of acid violence,
Odhikar in closely monitoring the case of Taslima Khatun and her
two daughters 7 year old Sharmin and 6 month old Selina, who fell
victim to acid violence on 07 May 2007 in Sirajgonj. The case
of seven-year-old Nasima, a rape victim is also being monitored
in Khulna. Liaison with the police, the District Acid Control
Committee (Sirajgonj) and the Nari-o-Shishu Nirjaton Protirodh
Committee (Khulna) are also being maintained in order to ensure
proper justice is met.
From:http://www.thedailystar.net/law/2007/08/02/index.htm
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