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Dhaka Tribune

Govt moves to amend law, proposes tribunal for child rape cases

  • Opportunities for trial in rape cases beyond DNA report
  • Will be added punishment for causing physically harm after attempt to rape
Update : 17 Mar 2025, 07:14 PM

In a major step towards ensuring swift justice for victims of sexual violence, the interim government has decided to appoint additional judges and amend key legal provisions to expedite rape trials by Thursday.

In a high-level meeting, the Advisory Council approved measures that will allow courts to proceed with rape cases even without DNA reports, aiming to remove legal bottlenecks that often delay justice.

The decisions were made during a special meeting of the Advisory Council, presided over by Chief Adviser Professor Muhammad Yunus, at the Tejgaon office in Dhaka on Monday.

Law Adviser Asif Nazrul revealed the meeting decision at a press conference at the Foreign Service Academy and said that the trial and investigation time is being reduced in the Women and Children Repression Prevention Act. Provision is being made to form a special tribunal to try only child rape cases.

After the meeting, Syeda Rizwana Hasan, adviser to the Ministry of Environment, Forest and Climate Change, and Shafiqul Alam, press secretary to the chief adviser, came to the press conference along with the law adviser.

Adviser Syeda Rizwana Hasan emphasized that these reforms are part of the government’s broader effort to protect women and children from violence.

“Delays in justice often discourage victims from seeking legal action. By appointing more judges and ensuring cases proceed without unnecessary obstacles, we hope to create a system where justice is delivered promptly,” she said.

In the case of “sensational” rapes, the judge will be given the opportunity to make a verdict based on the evidence, considering the circumstances, instead of waiting for the DNA test report, the law adviser said.

The new law also includes punishment for physical harm to the victim after the rape attempt fails. The law adviser said that the incident of the rape and torture of a child in Magura will be completed quickly under the existing law.

"The amended law has nothing to do with the rape incident in Magura. The trial in that incident in Magura will begin in a few days and the trial will be completed very quickly. Because there is a lot of irrefutable evidence here."

Dr Asif Nazrul cautioned that proper implementation will be crucial.

He said: “The decision to remove the dependency on DNA reports is a positive step, but the government must ensure that this does not lead to wrongful convictions. Judges must carefully assess all available evidence to maintain fairness in trials.”

He added: "The trial period in rape cases is being reduced. In addition, the law has made provisions for the establishment of a special tribunal to separately try child rape cases. Everyone has agreed to this in principle."

Why these reforms matter

Bangladesh has long struggled with delays in rape trials, mainly due to an overburdened judiciary and slow forensic testing. DNA reports have often taken months or even years to arrive, significantly delaying legal proceedings.

Similarly, Adviser Syeda Rizwana Hasan emphasized that the new system would prioritize victims’ rights. “The justice system should not create additional burdens for survivors. These reforms will help make the legal process more efficient and survivor friendly.”

With these changes, the government hopes to address long-standing gaps in the judicial process and ensure that perpetrators of sexual violence are held accountable more swiftly. However, the effectiveness of these measures will depend on how efficiently they are implemented in practice.

What does the amendment say?

The government will establish a Special Judicial Service Commission to recruit additional judges, aiming to speed up trial proceedings, particularly for rape and other sexual offences.

This move comes as courts in Bangladesh struggle with a massive backlog of cases, delaying justice for victims for years.

Courts will no longer have to wait for DNA test reports to start hearing rape cases.

Instead, cases can be tried based on medical evidence, witness accounts, and other corroborative proof.

Dr Asif Nazrul highlighted the importance of these changes, saying: "Forensic delays have allowed perpetrators to evade justice for too long. By making these amendments, we are removing a key legal obstacle that has hindered rape trials in Bangladesh."

He said: "We have made some definitional changes in rape cases. By changing the definition, rape is being made punishable not only by men, but by any person. In addition, the definition of rape has been expanded to include ‘Bolatkar’. Not only penetration, if any other object is used, or rape is done in any way, we are bringing them under punishment."

Adviser Syeda Rizwana Hasan added: “Survivors often face unbearable delays due to procedural backlogs. This decision prioritizes their right to justice over technical obstacles.”

Asif Nazrul said: “Rape cases are getting stuck. Because there are two types of cases coming here. One is rape with the lure of marriage with consent. There were a lot of these. Because of these cases, the trials of rapes that are 'without consent' are being held up,”

"That is why we have added a provision, whether it is rape with the lure of marriage, fraudulently with consent or otherwise, are separate crimes. In the case of rape without consent, the trial and investigation time is being reduced. We are giving special importance to such cases. They are being sent to special tribunals if necessary."

Demolitions of shrines: Anarchist to face trial

The Advisory Council meeting also discussed the demolition of shrines in different parts of the country.

Rizwana Hasan said: “We are observing anarchy in the name of demolition of shrines. So far, the government has been in a reactive position, arresting the culprits. But now the government wants to warn everyone that the government will not accept the demolition of shrines in any way. Everyone is being asked to refrain. Otherwise, strict legal action will be taken.”

"Also, considering that commodity prices are stable, the chief adviser has given necessary instructions to the responsible advisers to always monitor the market, import, and supply to ensure that it remains stable."

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