Despite once year since the enactment of the Domestic Violence (Prevention and Protection) Act, victims, lawyers and other concerned persons have little knowledge of how to seek legal remedy though this law. Also, women who are subject to abuse from their husbands are reluctant to seek remedial measures through this law due to its weak application. The law required amendments, its implementation needed to be strengthened and divorced women and widows needed to be brought under this law too, said speakers.
The speakers made these observations at a virtual roundtable discussion organised on Wednesday by ActionAid Bangladesh, on ‘Domestic Violence: Justice and Legal Remedy.’ Prothom Alo was broadcast partner of the event.
The discussion was moderated by ActionAid Bangladesh’s country director Farah Kabir.
It was said that according to the Bangladesh Bureau of Statistics, 72.6 per cent of married women were some time or the other victims of violence by their husbands. This year, from January to September, according to Ain O Salish Kendra’s data based on newspaper reports, at least 358 women had faced violence by their life partners or other members of the family. And 183 were killed by their husbands.
On the occasion of the 16 Days of Activism Against Gender Violence 2020, ActionAid took initiative for the evaluation of effectiveness in the application of the law. Assistant professor of law at Dhaka University, Taslima Yasmin, carried out a short-term research in the concerned law.
Highlighting the research findings, Taslima Yasmin said that the implementation of this law was weak in most districts of the country. The chief judicial magistrates of a number of districts told the research team that not a single case had been filed under this law over the past 10 years. In Barisal, only one law was filed under this law in the past 10 years, and that too was still under trial. Some of the judicial officers said over the past decade, they had just a few such cases in their courts. However, there had been a significant number of cases under this act in Sylhet, Jashore and Dinajpur. The non-government organisations (NGO) had a contribution to this.
Chairman of the human rights commission, Nasima Begum, said many women were hesitant to speak out about such violence in fear of harming the family’s honour. Women had to come forward actively against violence.
Taslima Yasmin said the victims have inadequate understanding and knowledge about the prevention and protection clauses of the law. Of the 20 victims who were interviewed, 19 said they had no idea about seeking remedial measures in this manner.
Member of parliament Aroma Dutta, speaking at the roundtable, said measures should be taken to ensure the divorced women who have been subject to violence by their husbands can also resort to this law. Widows must be included too. Many women subject domestic violence simply suffer in silence, within the four walls of their homes. Community radio must be used to mobilise awareness about this law.
Chairman of the human rights commission, Nasima Begum, said many women were hesitant to speak out about such violence in fear of harming the family’s honour. Women had to come forward actively against violence. The commission would take measures to monitor human rights’ issues in every district, she said.
Special superintendant of police (forensic) of the Criminal Investigation Department (CID), Rumana Akhter, said unless people are conscious, they will not come to the police. And unless a complaint is filed at the police station, the police will not be able to do anything. Initiative has been taken for a help desk for women at every police station. This has already been set up in several police stations. She said, “Come to the police for legal assistance, lodge your complaint, the police will certainly take action.”
Supreme Court lawyer Sara Hossain said, arrangements can be made for paralegal workers at the preliminary stage to inform the victim about the law and provide legal assistance. The field workers of various organisations can act as paralegals
Supreme Court lawyer Sara Hossain said, arrangements can be made for paralegal workers at the preliminary stage to inform the victim about the law and provide legal assistance. The field workers of various organisations can act as paralegals. Over the past 10 years, there has been almost no case under this law in the higher courts. That goes to show that the women do not battle it out till the end.
Sara Hossain went on to say that when work was being done on the draft of the law, there had been provision for divorced women to also seek remedial measures under the act. However, this provision was dropped from the final law. The matter needed to be included.
Executive director of Research Initiative Bangladesh, Meghna Guhathakuta, said that even though they gave more time to household work, women were subject to violence in the family. They were tortured for even minor mistakes in their housework. During the prevalence of the Covid pandemic, the earning capacity of men and women had decreased. This led to an increase in fights and discontent, leading to further domestic violence.
Manager of local NGO Swabalambi Unnayan Samity, Kohinoor Begum, said she herself knew little about the domestic violence prevention and protection act. She said that even though there were many incidents of domestic violence in her work area of Mymensingh, Jamalpur and Netrakona, legal remedy was not sought. She said that was a dire lack of persons to listen to the women who were victims of violence. The women had no idea where to turn for help.
Writer and journalist Shahnaz Munni stressed the need to publicise the law, saying that circumstances forced women to seek legal remedy. But women were uncertain whether they would be treated with respect and dignity when they sought justice. There was no alternative to making the law known. Small easy-to-understand messages could be used to raise people’s awareness about the law. These messages could be spread extensively though social media.
In her closing address, moderator Farah Kabir said the members of parliament could come forward to amend the weakness in the law. It was required to be seen whether the objective of the law was successful or not. Development of the country would not be possible of women were left behind.