DHAKA: Bangladesh passed a new law on Thursday, expediting the investigation and trial process in rape cases. The move follows nationwide outrage after an eight-year-old girl was raped and subsequently died from her injuries.
The girl, from Magura in southwestern Bangladesh, was staying at the house of her elder sister-in-law when the incident took place in early March. She was admitted to the Combined Military Hospital in Dhaka in a critical condition and died six days later.
The news of her death sparked protests across the country. As her body was taken for burial in Magura, thousands of people gathered in the city to participate in her funeral prayers.
An absentee funeral was also held for her at Dhaka University, followed by a protest march.
The incident resulted in mounting pressure on the government to reform laws related to rape and the safety of women and children.
The first law to be amended was the Women and Children Repression Prevention Ordinance, which was passed by Bangladesh’s Advisory Council — the highest institution of its interim government led by Chief Adviser Prof. Muhammad Yunus.
“To ensure speedy trial and punishment of rape suspects, this reform was necessary. It will also help in ensuring proper investigation,” Azad Majumder, the chief adviser’s deputy press secretary, told Arab News.
The new law reduces the investigation period of rape cases from 30 days to 15 days and the time for completing the trial from 180 days to 90 days.
Under the law, a special tribunal will be dedicated to handling child rape cases.
Judges will also be allowed to proceed with trials based on medical certificates and circumstantial evidence without requiring DNA tests. The tests were previously mandatory for the trial to begin, even though samples were not always available as it often takes time for victims or their families to register a case.
“Earlier, the trial process had to wait for the DNA profiling report of the accused. But now the trial can begin based on circumstantial evidence,” Majumder said.
The rape of minors is punishable by death in Bangladesh.
More than 5,600 reports of the rape of girls aged below 18 were filed across the country in the past 10 years, according to data from Ain o Salish Kendra — a key women and children’s group in Bangladesh. However, the numbers are unlikely to reflect reality as many victims do not report the crime.
Part of the problem, according to advocate Elina Khan from the Bangladesh Human Rights Foundation, is the slow response by police.
“The investigation process demands extra care and attention. Sometimes, our police stations don’t respond immediately to rape cases. If their responses were quick, evidence collection would be easier and investigation would also take less time,” she told Arab News.
“Authorities should also improve logistical preparations in court, especially to protect the child from emotional distress and psychological harm during the hearing. The child should be brought to court with care, considering the psychological impact on the victim.”
She said she also expected more accountability from law enforcement officials if the new law was to have any effect.
“The ordinance doesn’t say anything about what will happen if an investigation officer fails to complete the investigation process within the guided timeframe. Investigators should be held accountable for failing to investigate within the time,” Khan said.
“We have the appropriate human resources in this regard. We just need to engage them all. If we can ensure the proper application of the law, monitoring from the authority and accountability of the responsible persons, justice can be swiftly delivered.”
