GENDER RELATED

VIOLENCE ---
BANGLADESH
PROF. DR. SHAHNAZ HUDA

DO NOT QUOTE IN ANY PUBLICATION

DO NOT SHARE ON THE NET
Constitution of the People’s
Republic of Bangladesh
Article 27.- EQUALITY BEFORE LAW
“Allcitizens are equal before law and are entitled
to equal protection of law”.
Articles 28 and 29 deals with the concept of
non-discrimination and states “The State shall
not discriminate against any citizen on the
grounds only of religion, race, caste, sex or
place of birth.”
CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN (CEDAW) 1979—
BANGADESH BECAME A PARTY IN 1984

Article I
"discrimination against women" shall mean any
distinction, exclusion or restriction made on the basis of
sex which has the effect or purpose of impairing or
nullifying the recognition, enjoyment or exercise by
women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and
fundamental freedoms in the political, economic, social,
cultural, civil or any other field.
General recommendations No.19 to the CEDAW
made by the Committee on the
Elimination of Discrimination against Women  

Gender-based violence is a form of

discrimination that seriously inhibits
women's ability to enjoy rights and
freedoms on a basis of equality with
men.
UNGA Declaration on the Elimination of
Violence against Women 1993
Article 1

"violence against women" means any act of gender-

based violence that results in, or is likely to result in,
physical, sexual or psychological harm or suffering to
women, including threats of such acts, coercion or
arbitrary deprivation of liberty, whether occurring in
public or in private life.
BANGLADESH---GENDER & VIOLENCE

▼Women and girl children in Bangladesh subjected to

a various kinds of violence
▼Life is insecure for women outside and within their
homes
▼ Patriarchal, cultural and social practices contribute
to the violence committed against women and girls
▼Women are not only victims, but also at times the
perpetrators of violence...
Private and Public Violence.

Private violence—
includes domestic violence including spousal abuse, wife
battering, dowry related violence, torture by in-laws,
polygamy, marital rape, hazardous pregnancy, torture by
family members, incest and rape by family members or
friends and in some cases honor crimes.
 
Public violence –
includes sexual harassment, rape, trafficking, murder,
fatwa violence, acid throwing, forced suicides and so forth.
LEGISLATION RELATED
TO VIOLENCE
PENAL CODE, 1860
Deals with offences against both
women and men but some sections
specifically deal with definition and
punishment of offences related to
females.
  the causing of miscarriage (Sec.312-314);
kidnapping, abduction, slavery and forced labour
(Sec. 359-374);
rape (Sections 375-376);
criminal force and assault to woman with intent to
outrage her modesty (Sec. 354); insulting the
modesty of any woman (Section 509)
offences relating to marriage (Sec. 493-495) etc.
(2) Nari O Shishu Nirjaton Daman Ain, 2000

Deals with offences such as rape, ACID

OFFENCES ETC.
Trafficking [Omitted by The Human Trafficking
(Deterrence and Suppression) Act, 2012]
Section 5 and 6 omitted from Act of 2000
Hurt and murder on grounds of dowry demands
Acid crimes against women and children
BEFORE THE ACT OF
2000….

Cruelty to Women (Deterrent

Punishment) Ordinance 1983

Nari O Shishu Nirjaton Daman

(Bishesh Bidhan) Ain, 1995
Nari O Shishu Nirjatan Daman Tribunal under
the Nari O Shishu Nirjaton Daman Ain, 2000

By Section 26 of the Act of 2000, for the trial of offences

under the Act, every district town will have a Tribunal
which shall be known as the Nari O Shishu Nirjaton
Daman Tribunal (hereafter referred to as the Women and
Children Repression Suppression Tribunal or Tribunal).
All offences committed under the Act of 2000 are to be
tried by these Tribunals.
Act imposes the death penalty for several
offences which include murder or attempted
murder or for causing grievous injury of certain
nature specified by the Act by the throwing of
corrosive substances like acid (Section 4);
kidnapping for ransom (Section 8), for death
caused due to dowry (Section 11); rape and
gang rape (Section 9).
New features of the Act of 2000.

Introduces the concept of compensation for the

victims of violence
Provides for maintenance for children born as a
consequence of rape ---to be paid by the State and
realized from the rapist (Section 13)
Introduces the concept of safe custody outside of
police custody /JAIL and by an amendment in 2003
requires the consent of the concerned person
(Section 31) SEE Section 20(8)
Provides for trial and punishment by the tribunal in
cases of harassment of innocent persons through
the institution of false cases under the Act (Section
17).
In 2003 , a new Section 9A was added which deals
with FORCED SUICIDE.
“The punishment for inducing or instigating women
to commit suicide shall be punishable by rigorous
imprisonment for a term not exceeding ten years
but minimum five years and shall be liable for
additional fine.”
Age---child is considered to be a
person under 16
Concept of statutory rape: Consent
is immaterial when she is below the
age of 16.
Punishments for Rape
 Before Amendment in 2020, Section
9 of the Act of 2000, the punishments
for rape, gang rape as well the offence
of injury or death caused as a result of
rape were:
For rape, the perpetrator was to be
sentenced to rigorous life imprisonment with
additional fine. For death caused by rape or
incidental to rape, the accused could be
sentenced to death or rigorous life
imprisonment as well as additional fine up to
the limit of one lakh taka.
In 2020 death penalty was added as punishment of
rape [Nari O Shishu Nirjatan Daman (Amendment) Act, 2020]

৯৷ (১) যদি কোন পুরুষ কোন নারী বা

শিশুকে ধর্ষণ করেন, তাহা হইলে তিনি 1
[মৃত্যুদণ্ডে বা যাবজ্জীবন সশ্রম
কারাদণ্ডে] দণ্ডনীয় হইবেন এবং ইহার
অতিরিক্ত অর্থদণ্ডেও দণ্ডনীয় হইবেন।
The Act of 2000 had initially, in 2000, legally defined
the offense of sexual harassment. By the
amendment of 2003 this was omitted.

High Court laid down guidelines which must be

followed in educational institutions and work places
to combat ‘sexual harassment’
Jatiyo Mahila Ainjibi Samity v Bangladesh and other
(Criminal), 59 DLR, (2007) 447, judgment dated 23
May, 2006
THE DOWRY PROHIBITION ACT of 2018
In 2018 the above law was enacted replacing the law of 1980, to
prohibit the giving and taking of dowry. Violence need not be a
factor.

◦Under the Nari O Shishu Nirjatan Daman Ain

2000…..

◦Sec. 11 prescribes punishment for

violence committed as a result of
dowry demands.
DOWRY RELATED
CRIMES--
The Nari O Shishu Nirjatan Daman
Ain, 2000 in section 11 lays down
the penalties for causing death or
attempt to cause death for dowry
as well for simple and grievous hurt
 Section 11 of NSNDA, 2000
Punishment for causing death for dowry:
If the husband of a woman or his father, mother,
guardian or any other person on behalf of the
husband, causes death or attempts to cause
death, causes hurt or attempts to cause hurt to
the woman,
the husband, the father, mother, guardian,
relative or any other person acting on his
behalf, shall………..cont…..
i. for
causing death be punished
with death or for attempt to cause
death shall be punished with
transportation for life and also with
fine, in both case; (Punishment for
death due to dowry demand is
MANDATORY DEATH PENALTY)
ii. for causing grievous hurt be punishable
with rigorous which may extend to fourteen
years but shall be not less than five years
and shall be liable to additional fine.
iii. for causing simple hurt be punishable
with rigorous which may extend to three
years but shall be not less than one year and
shall be liable to additional fine.
Other features of the
NOSNDA 2000
Trial in Camera: Section 20 (6) of the NOSNDA allows for the trial of
offences under Section 9 to be held behind closed doors
Public Prosecutor: Under Section 25(2) of the NSNDA of 2000,
special Public Prosecutor are appointed for conducting cases on behalf of
complainants
Time for Trial: Section 20(2) of the Nari O Shishhu Nirjatan
Daman Ain 2000, categorically states that after the commencement
of the trial, until the completion of the trial, proceedings shall be
held on each working day.
The Tribunal shall complete its adjudication within one hundred and
eighty days from the date the case was filed [20(3)].
DOMESTIC VIOLENCE
Domestic violence is committed on a variety of
grounds.
Since such violence occurs within the privacy of the
home it is extremely serious with chance of
repetition.
Although domestic violence may take place for
many reasons the Act of 2000 does not have
jurisdiction over all types of violence.
The Act of 2000 only recognizes domestic
violence when it is related to dowry demands
and not otherwise.
The case of Fazer Pk.(Md) alias Fazer Ali vs State 5 BCL
542:
The husband wanted to sell 4 ducks belonging to the
wife which she kept at her paternal house and on her
refusal there was a quarrel between them and the
husband assaulted her and also throttled her to death
which appears to be the motive for the murder which
(sic) has been well proved.
 
In the case of Osena Begum alias Babuler Ma and
another vs. The State 55 DLR 299 it was held:

 that the moment the Adalat (Court) finds

no proof of existence of motive of dowry for
any offence within the mischief of the Ain
(Act) it must take its hands off the case…
ACID CRIMES.........

 In such situation the only course remains

open for the Adalat would be to send the
case record to the Sessions Judge for trial.
Acid related violence
 The causes for acid violence are manifold---
family problems ; denying permission to the
husband to enter into a polygamous marriage ;
spurning offers of love ; refusing proposal of
marriage ; refusing to engage in sexual
relations; related to property disputes ; enmity
and other causes.
 Victims are of all ages and sexes ---in some
cases as young as 1-3 years of age who became
victims of family feuds, enmity and property
disputes.
ACID CRIMES.........
(3 and 4)
Acid Niontron Ain, 2002 (Acid Control Act,
2002)
and Acid Oporad Daman Ain, 2002 (Acid
Offences Prevention Act, 2002)

The latter deals with all victims of acid

attacks ---not only women and children
Penal Provisions against acid
violence
Several laws continue to deal with acid related
offences ----
◉ 326A inserted in 1984 in the Penal
Code 1860
◉ The Nari O Shishu Nirjatan Daman Ain
of 2000 also deals with acid related
violence in Sections 4
◉ Acid Oporad Daman Ain, 2002 (Acid
Offences Prevention Act, 2002)
In 2001 the GOB, with the aid of
different Ministries and the assistance of
NGO’s and donors set up the first One
Stop Crisis Center s were set up firstly in
Dhaka Medical College Hospital and then
other Divisional towns to render medical
treatment, counselling , shelter, police
and legal support to women and child
victims of violence.