Violence against women: Where are the obstacles to get justice?

Women are favorite topics of literature, and Bangladeshi girls aren’t  any exception.  The splendor and attraction of Bangladeshi girls are extolled in poems, legends and quick stories.  But the struggling of Bangladeshi girls infrequently comes out withinside the literature.  Bangladeshi girls bear oppression and deprivation of their personal family, network or withinside the society at big.  They are also subjected to violence and discrimination. In a huge usa like Bangladesh, with its socio-financial and criminal structures biased in opposition to the terrible and the girls, Bangladeshi girls are in tough situation.

In our country Subsections 28. (1) through 28. (4) of the 1972 Constitution of the People’s Republic of Bangladesh guarantee the fundamental rights of women and forbid any form of discrimination on the basis of sex. Though there are discrimination everywhere in Bangladesh.

The constitution of Bangladesh depicts that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.

Violence against women is a daily occurrence in our country. In this country, women have always been oppressed.  Although there are various organizations working for the betterment of women in this country, in reality very few organizations stand by these women.  The empowerment of women that we see is very small compared to their number.

Basically relatively uneducated, poor women are always neglected in our society.

The role and contribution of women behind the remarkable success of Bangladesh in all indicators of economy, humanities and social indicators in the 50 years of independence is indescribable.  Women have also made a unique contribution to the enviable success of the country’s economic position, including agriculture, rural economy, garment industry, development and progress.

One of the main problems of our country is that ordinary people are not aware of the law  There are very good laws in this country in the context of violence against women.  They can get legal remedy if they want.  But unfortunately they are not aware of these laws.  Due to which they do not get legal recourse at the right time.

Despite being victims of torture, most women are not able to take remedial action without knowing the ‘law’.  They are not even getting their fair share of ancestral property.  Therefore, along with the social movement, proper implementation of existing laws and joint initiatives.

However, there are laws to prevent violence against women and children, child marriage and violence against women.  Sometimes due to lack of public awareness, sometimes due to fear of public shame, sometimes financially, sometimes due to the influence of the opponent, there is an obstacle in getting legal remedy.  Again, the lack of necessary rules for law enforcement is an obstacle to getting justice.  In many cases, women are not getting their rights due to the ambiguity in the ‘review’ or ‘preview’ of the law, the lack of ideas about the law.  In particular, there are rules to prevent sexual harassment in the streets, educational institutions or workplaces, but in many cases, the benefits are not being found.

Women and Child Abuse Suppression Act, 2000 (amended 2003). Statistics show that cases under this Act are supposed to be settled within 180 days but it takes about 4 years.  As a result, women often give up hope, many times they get frustrated because they do not get justice at the right time.  As a result, violence against women is not decreasing.

In 2020, the government made several changes to the law.  In 2020, under the Women and Child Abuse Prevention Act, the maximum punishment for rape was death.  Yet we get news of rape daily.  In this case, one visible issue is not just to reduce rape or violence against women.

Under the Dowry Prohibition Act of 2016, taking dowry is punishable by 5 years imprisonment.  Dowry is no longer taken.  The color of dowry has changed in this country now.  Dowry is given as a custom in Chittagong.  Every Eid sacrifice has to be given as a gift to all the members of the girl’s in-laws.  If these social uncreation is not stopped, women will be crushed in the abyss.  Gifts for grandchildren, accessories for gifts, gifts for various occasions are all included in the dowry.

While the Prevention of Violence against Women and Children Act is appropriate for women, many are deprived of justice just because of the length of the case.  Neither the money nor the resources are adequate for them to handle this long term case.

The sufferers ’reluctance to record instances is because of the inadequacy of our regulation enforcement device in managing sexual crimes.  Human rights activists everywhere in the global have raised issues over our loss of enough Rape Shield Laws and the dehumanizing and unreliable “two-finger-test” to decide proof of rape;  which placed ladies thru a chain of ordeal.  The exercise of Section 155 (4) of the Evidence Act 1872, which lets in the defendant to introduce proof thinking the person of the prosecutrix, opens up a movement of irrelevant, humiliating interrogation approximately to the victim’s ‘chastity’, which may be traumatizing for  them.  This additionally deters different sufferers from coming forth with their complaints. Way too often, law enforcement officials don’t cooperate with the sufferers and appear to dismiss sexual crimes as insignificant

There is a law to stop violence against women.  Women are being deprived of justice due to systemic errors.  This requires the cooperation of all. Judges, the government, the concerned ministries, lawyers, civil society and the media must take effective steps to stop violence against women.

According to research by the World Health Organization, only 2 percent of women who have been physically abused seek help.

Laws for Protection of Women in Bangladesh

1.  Women and Child Abuse Prevention Act, 2000.

2. The Dowry Prohibition Act, 1980.

3.  Domestic Violence (Prevention and Protection) Act, 2010

4. The Family Court’s Ordinance, 1985.

5. The Muslim Family Law’s Ordinance, 1961

6. The Muslim Marriages and Divorces (Registration) Act, 1974

7. The Dissolution of Muslim Marriages Act, 1939.

8. The Special Marriage Act, 1872. E SPECIAL MARRIAGE ACT, 1872 HE SPECIAL

9.  Hindu Marriage Registration Act, 2012

10. The Christian Marriage Act, 1872.

11. The Married Women’s Property Act, 1874.

12. The Succession Act, 1925

13. Parental Maintenance Act, 2013

14. The Child Marriage Restraint Act, 1929

Despite having so many laws, it seems that violence against women is not stopping.

The High Court had given 10-point instructions to the Home Ministry to stop violence against women. In addition, on July 21, 2020, Justice M Enayetur Rahim and Justice Mostafizur Rahman gave 8 instructions regarding the trial of rape case as per Article 109 of the Constitution. These instructions were given in order to complete the trial. The government and the lower courts must come forward to implement these directives.

Criminals must be punished to stop the abuse of women and children.  If there is a shortage of courts, it must be eliminated.  The law enforcement agencies need to be more active.  Public awareness must be raised.  Everyone must come forward against the abuse of women and children.

Writer: Faijul Islam from Chittagong University law Department.