WUNRN
August 11, 2007
Bangladesh - Combating
Impunity of Acid Attacks, Rape, Gender Violence
In Bangladesh, women
make up roughly 49% of the population. They bear a disproportionately greater
share of the country's poverty and are discriminated against in both the public
and private sphere. Class based, repressive and community mind-sets, certain
social behaviours, unchallenged economic dependence and financial insecurity,
and high illiteracy keep the majority of the women out of an equal position
within the family, society, and the overall development process of the country.
Gender
violence is one of the serious issues in Bangladesh and unfortunately, one that
is most neglected by various agencies of the government. Despite specialised
criminal laws for protecting women the Suppression of Violence against Women
and Children Act, the Dowry Prohibition Act, the Child Marriage Restraint Act,
the Acid Crime Control Act, to name a few instances of violence against women-
especially domestic violence and rape have not decreased in any significant
manner. The major reasons why women do not get justice are access to justice,
police corruption, and mismanagement of vital evidence and ignorance of the
law.
In light of
the above, in March 2007, Odhikar and Action Aid Bangladesh decided to collaborate
on an awareness-raising programme on the issues of rape and acid violence and
the laws involved with the goal: To create effective and friendly environment
in support mechanism for the victims of acid violence and rape by the state
duty bearers.
A study by
Odhikar revealed the following:
Despite the fact that in most cases the victim knows the violator, the
perpetrator often escapes the law through bribery, power and a culture of
impunity. In some instances, the protectors of society have become violators,
as members of law enforcement agencies are accused of rape and sexual abuse,
but are rarely brought to justice under the Code of Criminal Procedure and the
Penal Code.
Acid
violence is a relatively common form of violence against women in Bangladesh.
The first documented case of acid violence was in 1967 when a young girl had
acid poured on her by her 'admirer' when his proposal of marriage was refused
by the girl's mother. There is evidence in recent years that there has been an
increase in acid attacks.
Victims are
attacked for many reasons - because a young girl or woman spurns the sexual
advances of an admirer or rejects a marriage proposal. Recently, however, there
have been acid attacks on children, older women and sometimes also on men.
These attacks are often the result of family or land disputes, dowry demands or
a desire for revenge. Acid violence drastically changes the life of the victim
including education, employment and other aspects of normal life. Survivors
often have to face social isolation that further damages their self-esteem and
confidence and undermines their professional and personal future.
What of the
availability of acid? Unfortunately, acid it sold openly in chemist and
homeopathy shops and local medicine dispensaries and can be found in goldsmith
workshops and shops selling and repairing car batteries. It is also openly sold
around the tannery and handloom factories. Despite the law, there are no checks
as to the trade in acid and other corrosive substances and those selling the
liquid ask no questions. There is even, allegedly, a good trade in cross-border
smuggling in acid, which may play a role in contributing to the high rate of
acid violence in the border districts.
Adding to
the relevant criminal liabilities under the Penal Code for rape, attempted
rape, kidnapping, hurt, and grievous hurt, etc., the Suppression of Violence
against Women and Children Act 2000 provides for severe penalties for
perpetrators of violence against women. A further significant step has been
taken by the Government by enacting the Speedy Trial Tribunal in November 2002
for the quick trial and disposition of five specified offences including murder
and rape.
The
President of the Peoples' Republic of Bangladesh approved the Acid Control Act
2002 and the Acid Crime Control Act 2002 on 17 March 2002. The laws were promulgated
to meet the demands that acid crimes be controlled and perpetrators receive
swift punishment and that the trade in acid and other corrosive substances be
guarded by legal checks and balances to prevent their easy accessibility.
The Acid
Crime Control Act, this law aims to rigorously control acid crimes. It houses
stringent punishments ranging from the death sentence to life imprisonment, to
between three to fifteen years imprisonment and a hefty fine. The Act provides
that if the Acid Crime Control Tribunal feels that the investigating officer
has lapsed in his duty in order to 'save someone from the liability of the
crime and did not collect or examine usable evidence' or avoided an important
witness, etc., the former can report to the superior of the investigating
officer of the latter's negligence and may also take legal action against him.
The Acid
Control Act 2002 has been introduced to control the “import, production,
transportation, hoarding, sale and use of acid and to provide treatment for
acid victims, rehabilitate them and provide legal assistance”. The National
Acid Control Council has been set up under this act, with the Minister for Home
Affairs as its Chairperson. Under this Council, District-wise Committees have
been formed albeit, only in six or seven Districts to date. Members of the
Council include the Minister for Women and Children Affairs, Secretaries from
the Ministries of Commerce, Industry, Home Affairs, Health, Women and Children
Affairs, and representatives from civil society as specifically mentioned in
the law. This allows for a broad spectrum of representation. More importantly,
according to this law, businesses dealing with acid need a license to do so,
and the government has arranged for a Fund to provide treatment to victims of
the violence and to rehabilitate them, as well as to create public awareness
about the bad effects of the misuse of acid.
Despite the
Laws, why do annual figures on reported incidents of rape and acid violence
remain high? There are several reasons for this and for why the law is not
being implemented properly. The victims are largely from the poor and
underprivileged section of the society in many cases contrary to the
perpetrators. Since the poor struggle for access to justice, acid and rape victims
face the same. There is yet to be a separate, modernized Investigation
Department with trained investigators in the police force and overburdened
police are unable to carry out their investigation duties properly. Many NGOs
have called for the formation of a separate department, but pleas fall on
seemingly deaf ears. Furthermore, there is not follow-up done as to whether
businesses are procuring licenses for the sale and trade of acid. Many doctors
are reluctant to come to court to give evidence. Lack of sufficient judges and
judicial officers in the lower courts causes delay in hearings and cases are
either not heard on time or remain pending.
Many of the
above findings are applicable to other sectors where lack of implementation of
the law causes serious damages in matters pertaining to violence against women
such as dowry-related violence. This being the case, why are no steps being
taken to rectify the matter? Issues of violence against women still remain in
the back seat. Non-government organizations are doing their bit to create
awareness against rape and acid violence and the social and legal repercussions
they have. The government is now legally bound to do its share, under the new
Laws. A lot of power has been given to the National Acid Control Council and
district level committees and they must gear up their activities and not wait
for NGOs to prompt them into action.
Odhikar and
Action Aid planned the programme “Ending Impunity of Acid Violence and Rape”
with specific purposes in mind Ensuring legal support and justice to victims
and monitoring the implementation of the Acid Laws, including encouraging the
setting up of DACC where there are none. In order to do this, Odhikar will have
to carry out advocacy work with police, judges, lawyers and local
administration about the consequence of the acid and rape victims and explore
their cooperation to ensure punishment of the perpetrators. It will also have
to organize collective action (social and legal) against perpetrators of acid
attacks and rapists. Thus, the target groups aimed for are members of the
present and future district level acid control committees, local government
representatives, police officers, lawyers, journalists, judges/magistrates,
doctors, department of women affairs, teachers and NGO leaders.
Odhikar
scans 11 news papers every day, every year and as per news papers reports of
2004, 2005 and 2006 the districts of Sirajgonj, Satkhira, Khulna and Barisal
came up as the most rape and acid prone areas. On 19 20 May 2007, a workshop was
organised by Odhikar and AAB regarding acid violence and rape, the social
impact of these crimes and the relevant laws governing their punishment. Also
included in the programme was issues about fact-finding, court visits, how to
attend meetings of the District Acid Control Committees, why cases fail in the
court and the accused person gets acquitted, etc.
Odhikar's
human rights defenders and Action Aid's local level partners have taken a keen
interest in the work and some fact-finding has already been carried out. In the
matter of acid violence, Odhikar in closely monitoring the case of Taslima
Khatun and her two daughters 7 year old Sharmin and 6 month old Selina, who
fell victim to acid violence on 07 May 2007 in Sirajgonj. The case of
seven-year-old Nasima, a rape victim is also being monitored in Khulna. Liaison
with the police, the District Acid Control Committee (Sirajgonj) and the
Nari-o-Shishu Nirjaton Protirodh Committee (Khulna) are also being maintained
in order to ensure proper justice is met.
Source: Odhikar report.
================================================================
To leave the list, send your request by email to:
wunrn_listserve-request@lists.wunrn.com. Thank you.