Interview: Asif Nazrul
We are trying to remove the causes behind delays in trials
The child from Magura could not be saved. Students, teachers and human rights activists have taken to the streets demanding justice in the incidents of rape and abuse. The government is also taking various measures to this end. Law advisor of the interim government Asif Nazrul talks to Prothom Alo about the matter.
Allegations of rape and killing have been levelled against the father-in-law, mother-in-law and husband of the sister of the child victim in Magura. What would you say about this increasing lack of security for a child within the home?
Asif Nazrul: I do not have an explanation for what has happened in Magura. I have no explanation of how a person can be so inhuman, brutal, cruel and harsh. I note a growing proliferation of pornography in our society over the past few years. It is so easy to access online. Then the serials shown on television, Indian serials in particular, are based on extremely unethical relationships. This can have an impact. We have limitations in applying the law. Altogether, it is an alarming situation. From today (Friday), the government is taking measures to shut down pornographic websites.
There are opinions for and against the measures you all are taking to shorten the time in the investigations and trial of rape cases. Certain quarters fear that innocent persons may be convicted if the investigations and trials are done hastily, and the actual criminal will go into hiding. What do you think?
Asif Nazrul: There is always the fear of injustice and misapplication of the law if the cases are settled hastily. I have called for the existing 180 days in the law to be cut down to 90 days. Some people feel even 180 days is too quick. We are taking certain other measures along with this, not simply cutting the trials time short. We are trying to remove the reasons behind the delay in trials. The law has certain provisions in this regard too. Even after that if we see there are still problems, we will look into other means.
Are DNA tests not compulsory? Won't this hamper the process of identifying the actual criminal? Instead of developing the DNA testing methods further, why is the government removing the clause that makes such testing compulsory?
Asif Nazrul: DNA testing will remain compulsory. The law states that if the depositions, the victim's statement or the medical certificates are adequate for the trial, the judge can decide if it is appropriate. Generally speaking, DNA tests will be required. But if the judge feels that the trial can be carried out without the DNA testing, then we will leave that to judicial consideration.
We must remember that the crime of rape had been defined 200 or 250 years ago in Bangladesh and various parts of the world. There were no DNA tests then, but justice was carried out. But we will make sure that if this is misapplied, the matter can go to the Appellate Division.
Many people feel that the perpetrators are taking advantage of the deterioration in law and order leading to the increase in rape. What do you think?
Asif Nazrul: I do not know if there is a link between rape and the deterioration in law and order. Crime suddenly spirals and then subsides. So law and order can be a reason or the other reasons I mentioned are very significant too.
Many say that the accused in rape cases are being granted bail very speedily now. The accused in a case filed by a girl suffering after being brutally rape case in Dinajpur, was released on bail in February. There was a lot of hue and cry over this on social media, but the state prosecution took no move to cancel the bail. Why do you think this happened?
Asif Nazrul: The High Court granted bail in the Dinajpur case to which you are referring. We from the law ministry on behalf of the state, appealed against the ruling through the attorney general's office. The bail has been cancelled by the Appellate Division.
There will be no provision for bail in our proposed law. The draft says bail can be granted, but the judge will review this at regular intervals to see if the person on bail is disrupting the trial process, threatening the victims or such. Then the bail can be cancelled if this is so.
Students, teachers and human rights activists have taken to the streets demanding justice against rape and such abuse. What is the government's stance regarding their demands?
Asif Nazrul: We can understand the anger, sufferings and pain of these who have taken to the streets with this demand for justice against rape and abuse. But we must understand that rape is a crime for an individual or a family or such, but the state can be blamed if they do not make arrests and carry out justice. The government has been active in arrests and trials in the recent incidents. In the Magura case, the arrests were immediate.
It is with extremely heavy hearts that today (Thursday) we saw that the child from Magura died. We carried out the post mortem today. The DNA of the accused was collected on the day after they were arrested. I see not shortcomings here. Those who are demonstrating on the streets should understand what their demands are about. The demands are for arrests, trial and due amendments of the law. We are doing all of this. If they are on the streets to raise awareness, that is fine. If they have more justified demands, we are ready to listen to those too.
* The interview, originally published in the print and online edition of Prothom Alo, has been rewritten in English by Ayesha Kabir