The government is likely to issue an ordinance on Sunday to ensure the speedy disposal of child rape cases, marking a decisive step toward addressing the alarming rise in such crimes. Alongside this, plans are underway to establish a special tribunal specifically for the fast-tracking of child rape and sexual assault cases.
The move comes in response to public concerns over the delayed justice process, with authorities emphasizing the urgency of enacting the necessary amendments to the Women and Children Repression Prevention Act. In response to the issue of a swift trial in the child rape case in Magura, Law Adviser Asif Nazrul on Thursday announced the government’s plan to ensure speedy justice
He announced that the trial in the child rape case in Magura will commence within the next seven days.
Speaking at a press briefing at the secretariat, he underscored the urgency of the matter, citing past instances where similar cases were tried within a week.
"There are precedents of rape trials concluding in seven to eight days. We are ensuring swift justice in this case as well," he said.
Providing further updates, the law adviser confirmed that the autopsy of the victim would be completed within the day, with DNA samples already collected. The forensic report is expected within five days. So far, 12 to 13 individuals have recorded their statements under Section 161.
To expedite justice in such cases, he revealed plans to establish special tribunals dedicated to handling rape and sexual assault trials.
Additionally, the government is aiming to issue an ordinance amending the Women and Children Repression Prevention Act by Sunday.
What’s said in the existing law?
Five years ago, the punishment for rape was life imprisonment. However, in response to horrific incidents such as the brutal assault of a housewife and several other rape cases in Noakhali's Begumganj in 2020, the government amended the Women and Children Repression Prevention Act, 2000, introducing the death penalty for crimes like rape, rape-induced death and similar offences.
Five years on, the recent rape of an eight-year-old girl in Magura has prompted new calls for swift justice. In response, the government has announced plans to amend the law for faster prosecution and investigation of child rape cases, with an ordinance expected to be issued by Sunday. Law experts view this move as a positive development.
Dr Asif Nazrul spoke about the changes in the law, saying that steps are being taken to curb sexual violence, with the amendments nearly finalized after consultations with stakeholders. These changes will focus specifically on child rape cases, although further details on other matters were not disclosed.
Under Section 20(2) of the law, once a case is heard in a tribunal, it must proceed without interruption until completion.
Additionally, the tribunal must finish the trial within 180 days of the case being filed. If the trial is not completed within this timeframe, the accused may be granted bail, and the reasons for this will be documented.
The law adviser on Wednesday said that the law would be amended to ensure rape cases are concluded within 90 days, and failure to meet this deadline would no longer be grounds for granting bail, as was previously the case after 180 days.
Furthermore, any negligence in handling rape cases would result in disciplinary actions against the involved officials.
In addition to the amendments for faster trial proceedings, the law will also implement measures to tackle delays in investigations.
Under the law, if an investigation officer fails to complete an investigation within 30 days, he or she will be replaced with another officer. This process will continue until the investigation is completed.
However, the new amendments will specify that the designated investigation officer must complete the investigation within the stipulated time frame and that no changes of officers will be allowed.
The law adviser noted that these changes would cut the investigation timeline in half, reducing it to just 15 days.
DNA Testing for Rape Cases
Another key change involves mandatory DNA testing in rape cases. Under Section 32(c), the law now mandates DNA testing, regardless of consent, in cases involving rape or other serious crimes.
However, the law adviser pointed out that while DNA certificates are currently required in rape cases, such facilities are not available nationwide.
In response, the government is working on an amendment that would allow judges to proceed with investigations and trials based solely on medical certificates if DNA testing is not feasible.
Regarding the Magura incident, ABM Hamidul Misbah, the lawyer who filed the writ petition in the High Court, appreciated the government's new initiative.
He believes that such amendments will significantly speed up the delivery of justice for victims.
