Women magistrates must record statements of women victims

The Supreme Court has ruled that the female magistrates will be assigned to record depositions of women victims of sexual abuse. We hail this decision as do leading women organisations. The home ministry now must actively ensure that this rule comes into effect.

Nusrat Jahan, the madrasa student of Sonagazi, Feni, who was burnt to death, had given her statement to the officer-in-charge (OC) of the local police station. In many cases, particularly in the villages, people turn to the police, not the court, for refuge. The victim’s deposition will only be relevant when made after a case is filed under section 22 of the Prevention of Women and Child Repression Act 2000.

The media received a video of Nusrat’s statement given to the OC where the victim was clearly embarrassed and uncomfortable to describe details of the principal’s behavior with her. And the male voices heard questioning her were extremely insensitive. All over the country, women victims are having to give such statements to male police officers.

The home ministry now can take up the Supreme Court call for women magistrates to record the statements of female victims. Previously there were fewer women judges in the judiciary, but there is no crisis now. Of the 1700 judges in the lower courts, around 500 are women. The Supreme Court directive also says that where there is no women magistrate, a judge deemed befitting for the task will take the statement. The home ministry now can issue a circular to ensure that the women victims of sexual abuse do not have to give their statements to male police officers.

There is still not many women officers in the police stations in the country, but there are a considerable number of female constables. The police’s human resources department can ensure that the women constables in any area cannot fall below a certain minimum number. In that way, women victims can unhesitatingly record their complaints at the police stations.

More than the judiciary, it is vital that the police stations in the country are sensitive and safe for women victims. If the home ministry fails to act in this regard, we hope the judiciary intervenes.

Several unfortunate incidents in present times indicate that the police stations are not safe for women recording their depositions. It should be a priority to ensure the police stations are made responsible and safe.

It was a decision of the judicial reforms committee of the Supreme Court that led to the circular regarding recording women’s depositions. In this circular issued on 15 April and signed by the registrar general under order of the chief justice, ‘special request’ was made to the judges for the statements of female victims to be recorded by female magistrates. That indicates that the law remains intact for the depositions to be recorded by male magistrates or judges. A circular is not a law. As a deposition is vital for investigations and trial of a case, we appeal to the law ministry to make necessary amendments to being this court verdict into permanent effect.