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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 45
November 24, 2007

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Human Rights monitor

Ending impunity of acid violence and rape
Photo: Syed Zakir Hossain

Violence against women is a common social problem in the country. Acid violence is one common form of violence against women in Bangladesh. The first documented case of acid violence was in 1967 when a young girl had acid poured on her by her 'admirer' when her proposal of marriage was refused by the girl's mother. The number of women who experience violence --including rape, beatings, torture and murder-- is extraordinarily high in rural areas of Bangladesh, both in domestic situations and outside the home. In addition, many women who are subjected to violence die by suicide, real or apparent.

Odhikar is assisted by its human rights defenders and Action Aid Bangladesh partner organisations in the target Districts of Sirajgonj, Sathkhira, Barisal and Khulna for successfully carrying out these activities. They have been given the title of 'District Monitor'. According to the findings, from 1st March 1988 to 27 May, 2007 a reported number of 104 people were the victims of acid violence in 7 Upazilas in Satkhira district. From 2002 to 31st July 2007 43 cases were filed in Thanas in Satkhira. 42 cases went to trail and 3 people received punishment. Of the 3, 2 people received life imprisonment and one was imprisoned for one year. 34 cases were dismissed and 91 arrestees were released. From February to September 2007, 12 cases under Nari O Shisu Nirjaton Domon Ain have been filed in Satkhira Court and one case has been filed under the Acid Crime Control Act 2002.

Some case studies
On 07 May 2007, Taslima Khatun (30), a widow and mother of two, of Baniagati Vodhroghat village in Kamarkhond, Sirajgonj, was allegedly sexually harassed by one Selim on the false promise that he would marry her. Taslima worked as a maid and after she became pregnant, Selim refused to keep his promise and threatened her to keep silent. Taslima then filed a case against Selim, enraging him and as a result, he flung acid on her. Taslima's case, filed under the Acid Crime Control Act of 2002, was heard on 28th September 2007. On that day 4 people gave witness in the court of the District Judge. After taking witness statements the Court adjourned for that day. Later Court gave the next hearing date. The date is 30th October 2007. --* Source: Odhikar fact finding report

On the night of 23 June 2007, 19 year old Baki Begum of Mesaghona Gucchogram in Dumoria of Khulna District was asleep with her mother and siblings in their home. Mesaghona Gusshogram has few inhabitants and was quite isolated. At around 3 am Kabir Gazi entered their room leaving Nazmul Islam Nazu (23) and Karim Tekka (25) outside. He tied Baki's hands and legs with her veil, all the while threatening her to keep quiet. In her fright she promised him that she would not tell anyone and became senseless as the three men raped her. On 23 June 2007, her mother, Jahanara Begum lodged a First Information Report (FIR) in the Dumuria Police Station, under the Nari-o-Shichu Nirjaton Domon Aid 2000, mentioning the three men by name. The FIR was recorded as case, No. 19, Date. 23 June 2007. Police also started to investigate.

The accused persons relatives claimed that they were innocent. They said that on Saturday morning, Baki Begum and her mother told them that one Saiful Islam Lascu raped her. They added that Saiful Islam Lascu has a shrimp farm and he was very influential in the area. The three accused people worked in his farm. They further added that they presumed, the victim and her family received threats from Saiful Islam Lascu and in fear they were blaming them. --* Odhikar Fact finding Report

On 11 April 2007 Nasima, a student of class four of Maharajpur Union of Koyra Upazila in Khulna district was raped by her cousin Mowlana Shahbaj Howladar, the superintendent of Kalna Women Madrasa. Nasima's father Abdus Sattar is a labourer of Mongla Sea Port and lived at Baniashanta Union in Dakop Upazila with 5 of his children, while Nasima lived with her aunt Shahida, a childless divorcee. Shahbaj Howladar was Nasim's tutor. Every evening Nasima went to his house for lessons and her aunt collected her at night. On that night Shahida went to collect Nasima from Shahbaj Howladar's house, but he told her that she needed to read some more. He also added that after her studies she would sleep with his mother. Shahbaj Howladar's wife was not at home on that night and he kept the girl with him and raped her. He also threatened Nasima not to disclose the matter. Nasima's private parts were severely injured by the incident. In the morning Nasima went to her aunt and told her the incident. Her aunt brought her to a doctor for treatment but she was not fully cured. Finding no other alternative, on 17 May 2007 her aunt admitted Nasima into Khulna Medical College Hospital. Then the emergency department transferred her to the One Stop Crisis Centre (OCC). She was released from the hospital on 03 June 2007.

Nasima's poor family could not comprehend the urgent legal measures that needed to be taken. They did not seek help from any human rights organization either. On 15 May 2007 Nasima's father Abdus Sattar filed a complaint in the Women and Children Oppression Court situated in Khulna. The case is 229/07. The date of first hearing of the case was on 17 July 2007. According to the District monitor Odhikar Came to know that on 20th August the perpetrator tried to kidnap Nasima from her house. After that, police took her into safe custody in Khulna Central Jail. Nasima's father has taken all preparations to file a case against the perpetrators. The accused Shahabaj Mollah fled from the locality. The Police are trying to locate and arrest him. --* Odhikar Fact finding Report

Recent outcomes
Odhikar has been able to organise two awareness-raising workshops regarding acid violence, rape and relevant laws in Sathkhira and Sirajgonj. The District administrative bodies have been very cooperative, as have been the local law enforcement agencies and local government bodies, including the judiciary, who all sent representatives.

The following recommendations emerged from the workshops:
* Meeting with the acid sellers regularly.
* Observing their inventory.
* Regular advertisements on anti acid movement programmes
* Regular discussion on the issue of acid violence and its effects, to be held in religious and educational institutions.
* Strictly by maintaining and controlling the source of acid.
* No negotiation. Rather ensuring the punishment through the court.
* Taking acid suppliers into custody.
* Ensuring quick medication and aid to the victims.
* Specialized acid burn units need to be opened in every hospital.
* The acid thrower should be handed over to a speedy law tribunal.
* Ensuring the complete implementation of the acid laws.
* Creating mass awareness about the violence of rape, the GOB's, NGO's and media should come in the focus about the punishment for rape. Regular workshops should be arranged involving religious leaders, local community and civil society.
* To ensure the victim's safety and security.
* Taking measures to boycott a rapist socially and by his family.
* Filing the case of rape as soon as possible.
* The investigating officer has to work with dedication, giving free legal aid to the victim and ensuring quick investigation and sentencing.

In the project areas, in the past when victims went to file a case in the police station the Officer in Charge of the police station refused to file the case on various grounds. However, at present they take all cases to file. This is probably due to the fact that the local government officials are aware of Odhikar's activities in the project areas and that they too are taking a keen interest to combat acid violence and rape. False cases are sometimes filed as a means of harassment. Investigations by the police must be done with utmost case so as not to implicate innocent parties.

Observations
The following observations have been made after seven months of the project:

* Society is more sympathetic to such victims, as awareness of the reasons behind the crime becomes more wide spread.
* Previous local government administration bodies were reluctant to cooperate with non-government organizations regarding issues relating to violence against women. However, in the four project areas, it is observed that the situation has changed. Even the police are more active in this regard, even helping victims to prepare their application to file a case.
* District Authorities readily propose organizing awareness meetings regarding these issues.

Source: This is the abridged version of Action Aid Odhikar report.

 
 
 


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