Besides the social viewpoint, pressure from the influential people, legal loopholes and prolonged court procedures are determined as factors that complicate the efforts to provide justice.A rape case
should be tried in 180 days, according to the Women and Children Repression (Avoidance) Act. That barely happens.A lack of witness and physical proof in some cases saves the suspect in the rape cases as well.The Proof Act also gives the defence the scope to prove the victim a person with loose morals, making the law itself a barrier to guarantee justice.Amid the coronavirus pandemic, demonstrations have broken out in Dhaka’s Shahbagh and other parts of the nation over sexual attacks on a lady in Noakhali and the rape of another lady in Sylhet’s MC College recently.The federal government later amended the law to introduce capital punishment for rape.Legal experts, nevertheless, stress the need for a correct and fast trial system instead of the death penalty to stop rape.MORE THAN 150,000 CASES The number of cases under the Ladies and Kid Repression (Avoidance)Act pending in the
courts and tribunals throughout Bangladesh was 168,393 at the end of 2019, according to the Supreme Court data.It was 224,951 at the beginning of the year before the disposal of 54,618 cases and filing of brand-new ones.At least 31,539 cases of violence against females
and children have actually been on trial for the past 5 years.Only 2.6 percent of the cases in the tribunals in
cities see verdict.LENGTHY TRIAL An examination officer should complete the examination and submit the charge-sheet on a
rape case in 90 days, while the trial must complete in 180 days and the High Court should be
notified after
that as per the law.But the reality is various. Trials are deferred time and again, particularly over failure to present witnesses in court, legal representatives state.”The trial of a rape case ought to be constant however this arrangement is not followed the majority of the times due to settlements in between the parties and other factors,”said lawyer Arfanuddin Khan.Sometimes, the summons and arrest warrants for state witnesses are delayed due to the influence of the defence, he said. In a lot of cases, negligence of the lawyers for the plaintiff triggers the delay in the trial.” The rape victims come from a poor social background in many of the cases. They can’t afford the legal battle, pay the witnesses for travel and the legal representatives. So, the trial does not get far,”Khan said.Also, in the majority of the cases,
the victim or complainant feels afraid or shy to appear in court, he said.Witnesses dislike giving statement when the defence attorneys ask offensive concerns, according to the lawyer.Another lawyer, Aminul Gani Tito, stated the main reason for the delay in the trial is the state’s inability to bring the witnesses to court
.”Negligence of the state counsels, authorities and likewise corruption are the other factors. They (state legal representatives and authorities) sometimes work for the suspects, “he said.The trial can run faster if the judge is genuine, Tito said.While the trial is stopped, the complainant and the accused often opt for out-of-court settlements, stated Abdullah Abu, the public prosecutor of Dhaka Metropolitan Judges’Court.SIGNS AND PROOF The most essential component in a rape case is the physical proof and medical certificate.”In lots of cases, the DNA test, which is really crucial, is not done. It slows down the investigation,”said Mahmuda Akhter, a legal expert on injustice against females and kids cases.In 90 percent of the rape occurrences
, the DNA test is refrained from doing as
the examination officer can not find the samples and send them to the lab, legal experts say.An examination report based on conventional medical tests is not enough, said Tito.”A real case of rape will be questioned if the medical professional, examination officer and the public district attorney do not deal with genuineness,
“he said.”A suspect can not be offered capital punishment without a DNA test,”said Prof Kazi Mahfuzul Haque Supon of the Dhaka University’s law department. “It will be really hard
for the judge to provide a judgment if any of the proof is questioned, “human rights activist Khushi Kabir said.ENSURE VICTIM SECURITY In the majority of the rape cases, the suspect comes from an influential quarter that makes the victim insecure.The Act has its own loopholes including an unclear definition of rape, followed by the absence of procedures to ensure the security of the victim, stated Khushi Kabir.”Rape victims require their social
security guaranteed. Her image is tainted in society and she is stated to have actually lost everything. This concern should be dealt with
. This, witness protection is never thought about. Their protection needs to be ensured also,”she said.A modification in the legal framework and a different tribunal can be introduced to speed up the trial of both old and new rape cases, recommended Prof Sadeka Halim, the dean of Dhaka University’s social science faculty.”The verdict comes through a prolonged process. This makes efforts to get justice challenging. The state should be women-friendly and run the trials through a different tribunal, “she said.
