The High Court has called for immediate reforms to some of the existing laws of the country to ensure justice for rape or sexual assault victims, as they are inadequate and have loopholes.
It said that the amendment is necessary to discharge the state’s obligation to ensure gender justice including protection for women, girls and children from being subjected to rape or sexual assault.
Although a decade back, the Law Commission of Bangladesh made several recommendations on reforms of the laws relating to rape and sexual violence, the government failed to take any initiatives.
The Ministry of Women and Children Affairs too published an action plan identifying key strategies for different ministries and agencies, which were also not carried out effectively.
The High Court has now, in an ad-hoc solution, come up with 18 guidelines to be followed by all concerned until such legislative vacuum is filled by necessary enactment.
The guidelines were issued by a High Court bench comprising of Justices Farah Mahbub and Kazi Md Ejarul Haque Akondo in a full text of a landmark judgment on a writ petition last month.
In 2015, a Garo woman was forced into a microbus and raped in Dhaka, but police delayed recording her complaint and sending her to a victim support center for a DNA test.
This prompted rights organizations-- Naripokkho, Bangladesh Legal Aid and Services Trust, Ain o Salish Kendra, Mahila Parishad and Jatiya Adibasi Parishad -- to file the petition challenging police action.
The verdict was delivered in February 2016 while the full-text was released this year.
Case can be filed anywhere, Chemical or DNA test is a must
The High Court guidelines asked police to record complaints of rape or sexual assault irrespective of the place of occurrence with no delay and discrimination. It also asked them to send DNA samples to the Forensic Science Lab or DNA profiling centers for test within 48 hours of occurrence. The DNA or chemical test is a must.
There should be provision for punishment for police if they fail or refuse to register cases without sufficient cause, the court said.
The High Court asked for designated websites to be introduced to enable filing complaints online, too.
There should be designated female officers at police stations to receive complaints, and she will call in female officers to comfort the victim and her family members. Listed female social workers will assist them.
The victim’s statement will be recorded in presence of a lawyer or a friend nominated by her, or a social worker or protection officer, it added.
The court emphasized introducing an interpretation service for victims with disabilities.
After registering a case, the duty officer will inform the Victim Support Center, and female police officials along with the investigation officer will escort the victim to the hospital for medical examination with no delay.
The support centers need to have all necessary facilities, it said.
The investigation agencies’ failure in collecting reports and other actions will be punishable under the law. The investigation should be completed at the earliest.
It said the hotline number for complaints on violence—10921 - will be publicized widely through different kinds of media, and there should be an office in every metropolitan city to provide them with necessary security, medical, chemical, and counselling assistance.
At all stages the identity of the victim should be kept confidential, the High Court verdict said.
