Protests in Bangladesh erupted after a video of a group of men attacking, stripping, and sexually assaulting a woman went viral. Protesters have demanded harsher punishments, faster trials, and an end to what they see as a culture of impunity for sex crimes in Bangladesh. 

After the nation-wide protests in October, the country has been divided into groups of people, one group demanding  death penalty for rape accused and the other demanding reform of the law in some other aspects, for example, the definition of rape and questioning the character of a rape victim during trial. 

Amendment to allow death penalty in rape cases

Following the protest, the Bangladesh government has amended the Women and Children Repression Prevention Act, 2000, making the death sentence the highest punishment for committing rape. A Bangladeshi court issued the death penalty for the first time to five convicts in a rape case after two days the country amended the law to include a death provision. It is not clear whether the verdict was declared under the amended law or any previous law. 

Experts are showing concern that this amendment of law may actually deter suspected criminals from being convicted. Experts feel that impunity enjoyed by rapists in the country are not due to the fact that Bangladesh does not have a high punishment for rape - currently the highest punishment afforded is life imprisonment - but that rapists are convicted in only three percent of the cases. 

Low conviction rate

A 2013 UN multi-country survey found that among men in Bangladesh, who admitted to committing rape, 88 percent of rural respondents and 95 percent of urban respondents said that they faced no legal consequences. According to media reports, around 1,000 rape cases have been reported this year in Bangladesh.  Experts are arguing that “there is an inverse relationship between the severity of punishment and conviction rates - the higher the punishment, the lower the conviction rate, as judges are less willing to pass down harsh verdicts, particularly in rape cases, where it is difficult, in the absence of a witness, to prove without a benefit of the doubt that the survivor was raped. Additionally, archaic rape

and evidence laws put the survivor, rather than the perpetrator, on trial. It is these outdated laws which need to be reformed in line with human rights standards on an urgent basis to ensure protection to victims and survivors of
sexual violence,” the Daily Star had reported.

Reform rape law

The Reform Law Reform Coalition, comprising 17 women's and human rights organizations, has identified existing gaps in the legal and institutional framework that prevent justice for rape victims/ survivors and laid down 10 proposals for reform. These are: reform rape laws in line with human rights standards; broaden the definition of rape to make it non-discriminatory; define penetration to cover all forms of rape; allow proportionality of punishment and introduce sentencing guidelines; ensure justice process is accessible to rape survivors with disabilities; prohibit use of character evidence against rape survivors; enact Witness Protection Law; establish a state compensation fund for rape survivors; hold gender-sensitization training for justice sector actors, and introduce consent classes in schools. Moreover, sexual harassment and witness protection laws have not been passed yet. 

Survivors continue to face stigma and do not have adequate access to psychosocial services when they seek help. The government expressed zero tolerance towards rapists and hence, the death penalty was introduced for convicts in rape cases. However, the government must also ensure that its administration and law enforcement does not, ever again, provide protection to rapists and that any allegations of rape in any political party meet the strictest of measures. Much before the video footage emerged, anger in Bangladesh had been brewing as several members of the ruling party's student wing were arrested and charged with gangraping a woman.

Bangladesh’s Law Minister Anisul Haq said that he is hopeful of significantly controlling inhuman rape offenses as the  government is going to adopt other necessary measures, including “speedy and fair trial” and “proper investigation without any political or other interference.”

This is obviously great news that our government is not only amending the law to increase the severity of punishment but also addressing other concerns raised by civil society members. 

If these changes are brought in the law and implemented duly then we can hope that incidents of rape will be lesser than now. 

(The writer is an advocate in Bangladesh Supreme Court. The views expressed are personal) 

References:

Human Rights Watch