The health ministry has failed to meet a 90-day deadline set by the High Court for developing a comprehensive guideline on the examination and treatment of rape victims.
On October 10 last year, the High Court bench of Justice Mirza Hussain Haider and Justice Khurshid Alam Sarkar issued a ruling, directing the ministry to develop the guideline to be observed by police, physicians and judges of the women and children repression prevention tribunals, and produce it before the court within three months.
Following the ruling, a 10-member senior-level committee, headed by an additional secretary of the health ministry, was formed on January 1 this year to develop the guideline. Other members of the committee include senior officials from the ministries of health, home, law, and women and children affairs, as well as health officials and human rights activists.
A sub-committee, headed by Dr Habibuzzaman Chowdhury, was also formed.
Asked why the committee was formed in January this year although the court had issued its directive on last year’s October, Health Secretary MM Niazuddin said he could not remember the reason behind the delay, but added that work was going on to quickly finish the guideline.
Shafiqul Islam Laskar, the head of the 10-member committee who has recently been transferred from the health ministry, told the Dhaka Tribune yesterday that the authorities concerned were late in receiving the court order. Claiming that work was on to complete the guideline soon, he said a plea would be made to the court for a time extension.
Dr Habibuzzaman, a member secretary of the 10-member committee and also the head of forensic department of Dhaka Medical College, told the Dhaka Tribune that the 10-member committee has been working wholeheartedly to develop the guideline as per the directions of the High Court.
The sub-committee had already developed a draft of the guideline and it would be finalised within February 18, he said, adding that the body has also collected the guidelines of different countries and examined the shortcomings of existing laws.
In its ruling on October 10, 2013, the High Court also asked the government to explain why the two-finger test carried out on rape victims should not be declared illegal as it violates the fundamental rights guaranteed in constitution.
Health and family welfare secretary, home secretary, director general of the health directorate and inspector general of police were made respondents to the ruling.
The court directed the health secretary to form a committee comprising forensic experts and other officials concerned, who provide support to rape victims, to develop a comprehensive guideline to this end by three months.
The ruling was made based on writ petition filed jointly by Bangladesh Legal Aid and Services Trust, Ain O Salish Kendra, Bangladesh Mahila Parishad, Brac, Naripakkha, Dr Ruchira Tabassum Naved and Dr Mobarak Hossain Khan.
