Bangladesh, although a bit late to join the party of recognizing female rights and freedom than the rest of the world, has proven that it's better late than never. But at this moment, when the entire world is talking about equality, Bangladesh is still performing its role working to promote and establish the rights of one specific gender group: Women.
In doing so, the scale of justice has titled more towards the rights of this one specific gender group while heavily depriving the rights of the other, ie the male community.
In pursuance to its sustained development, Bangladesh went on to create an entire ecosystem of legal frameworks ensuring maximum safety and security to women. The country boasts one of the highest numbers of special laws dedicated only for women including the Dowry Prohibition Act (2018), Child Marriage Restraint Act 2017, Domestic Violence (Prevention and Protection) Act, 2010, the Suppression of Immoral Traffic Act (1993), the Cruelty to Women Ordinance (1983), and the Prevention of Repression against Women and Children Act (2000), the Dissolution of Muslim Marriages Act 1939.
Despite having so many laws ensuring safety for women, the country lags behind in ensuring the same for men. Domestic violence against men is considered a taboo, often laughed upon as its possibility is largely disregarded.
When a woman complains of being a victim of domestic violence, it is believed without a second thought -- but when a man says the same, his integrity is questioned. He is frowned upon, considered less of a man and a liar, and socially humiliated. Therefore, they suffer silently from the torture and abuse having no witness to their sufferings.
Bangladeshi men are the most vulnerable as even the court of law will not listen to their grievance as there are no such specific laws to begin with. Since it's a so-called male dominated society and men are naturally considered to have superior physical strength than women, the possibility of a man getting physically assaulted is regarded impossible.
Hence, the only other option remaining is to torture the man mentally as it does not take any physical strength to do so. In this so-called society, the ideal man is seen to be emotionally strong which also makes him prone to psychological abuse by the other gender as no one will believe his complains due to this image that the society has given him.
The only protection they have is granted by our Penal Code that only recognizes general crimes against body and property regardless of any gender. But how often do you hear a man getting beaten up by a woman? There is no provision of mental torture in any law but one, the Domestic Violence (Prevention and Protection) Act 2010.
This act acknowledges psychological abuse -- that includes but is not limited to: (i) verbal abuse including insults, ridicule, humiliation, insults or threats of any nature; (ii) harassment; or (iii) controlling behaviour, such as restrictions on mobility, communication or self-expression.
But the unfortunate part is according to this Act, a victim of domestic violence according to section 3 means “physical abuse, psychological abuse, sexual abuse or economic abuse against a woman or a child of a family by any other person of that family with whom victim is, or has been, in family relationship” which thinks only women and children can be victims of domestic abuse.
Apart from the rest of the laws that have a polarized stand on female and children rights, the 2010 act has a wide prospect of ensuring rights of domestic violence victims regardless of their gender. If taken a deeper dive, section 2(4) talks about Child and section 2(18) talks about the definition of victim while its immediate section 2(19) defines women.
If the word “Child” and “Women” needed to be defined separately then while include it in the definition of victim? The law only sees males as perpetrators which is not only unfair but promotes gender bias. This can be altered to make it a gender-neutral offence. A small amendment is all it takes to eliminate the sufferings of a large number of people in the country.
The demand is not enacting a separate law for males which can be time consuming and probably “unnecessary” according to some. The demand is to come up with a quick and efficient remedy so that the existing problems can be dealt with. The absence of such laws violates a man's right to equal protection before law, protection from discrimination on grounds of sex and right to protection of law under Article 27, 28, and 31 respectively guaranteed by our Constitution.
The rights of a male citizen regarding safety and security are getting crushed under the weight of the laws that safeguard women. It is high time that the Domestic Violence (Prevention and Protection) Act 2010 is amended to alter the definition of “victim” as well as “domestic violence” to make it a powerful law irrespective of or limited to any specific gender so that all citizens can enjoy equal protection of law.
Barrister Aiman R Khan is an Associate Advocate at Rahman Law Associates and Company.
