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The cabinet approved in principle a proposal to amend the law to establish the death penalty for rape, amid protests across the country over ongoing sexual harassment.
On Monday, the cabinet approved the policy and final approval of the ‘Violence Against Women and Children Prevention (Amendment) Ordinance, 2000’, with the provision of a compromise in case of rape, death penalty or life imprisonment. If the president agrees with the cabinet’s decision, an ordinance will be issued on Tuesday. At the same time, the cabinet approved the proposal to modify two more sections of the law.
A virtual cabinet meeting chaired by Prime Minister Sheikh Hasina yesterday gave final approval to issue an amended draft of the existing law in the form of an ordinance. After the meeting, Cabinet Secretary Khandaker Anwarul Islam told reporters in the Secretariat: “As Parliament is not in session, it can be issued in the form of a presidential ordinance.”
He further said, “There is no session of parliament at the moment, on the other hand, it has become very urgent to take immediate action. In this case, if the matter seems satisfactory to the President, he may formulate and issue ordinances with the power conferred by Article 93 (1) of the Constitution.
The Cabinet Secretary said: “Subsection 11 (c) of the Violence Against Women and Children Prevention Act 2000 has been amended. Article 11 (c) of the current law establishes: “A person will be sanctioned with a rigorous prison sentence that does not exceed three years or at least one year for inflicting minor injuries, and will be sanctioned with an additional fine of this penalty “. Instead of punishing this section, provisions are being made to make allowances for common injuries. “
On October 4, a video of a naked and tortured middle-aged woman in Noakhali’s Begumganj went viral on social media. After this incident, there was a storm of protests across the country. Most of those involved were arrested by the police. Protests against rape and violence against women continue throughout the country, including the capital. Despite this, barbaric rapes occur every day in different parts of the country. These news are published in the media every day.
According to the 2000 Ordinance on Suppression of the Abuse of Women and Children, the maximum penalty for rape is life imprisonment. And in the event of the death of the raped woman or child or in the event of gang rape, the maximum penalty is the death penalty. In addition, there is a fine provision in both cases. The law stipulates seven days to one month for the presentation of an investigation report in the case and 160 days for the resolution of the case, that is, six months, but in practice it is not possible to issue a verdict within this period.
When asked about the matter, the cabinet secretary told Kaler Kantha: “If the judge is transferred or the judge has to move to another location in the middle of the incident, the new judge will start working from the place where he will leave the case. “. It will take less time.
Meanwhile, the Minister of Law, Justice and Parliamentary Affairs, Anisul Haque, told reporters: “According to the amendment to the law, rape will be punishable by death or life imprisonment.” I believe that the proposed amendment will reduce the crime of rape as it provides the maximum punishment for rape. The Minister said: “Section 9 (4) has also been amended as it is related to Section 9 (1) of the Law on Suppression of Abuse of Women and Children. A few days ago, a double court in the Superior Court Division amended Section 11 (c) of the Violence Against Women and Children Prevention Act and ordered to maintain a compromise provision for common injuries. Accordingly, the compromise provision has been made by modifying section 11 (c). In addition, an amendment has been made to the Children’s Act 2013.
The law minister said: “The amendments mentioned in the cabinet meeting have received final approval subject to investigation.” It has been decided to issue it in the form of an ordinance, as Parliament is not in session at the moment and the government is preparing to issue it as an ordinance by order of the president tomorrow (today).
“There is a lot of controversy around the world about the death penalty,” he said. Even after that, Prime Minister Sheikh Hasina thinks that this punishment should be increased in the current situation. In this context, the death penalty has been modified. Also, it has been decided to close old rape cases sooner and new cases in the legal process as soon as possible.
The justice minister said: ‘The judiciary is independent. The independence of the judiciary must be protected. The President of the Supreme Court will be asked to provide practical guidance for the judges concerned to take appropriate measures to expedite the resolution of the cases of the Court for the Suppression of Abuse of Women and Children. On the other hand, the Ministry of Justice will also instruct the special PP of the Tribunal for the Repression of Violence against Women and Children to take immediate measures to resolve rape cases.
The minister said: “Previously, there were some problems with the arrival of witnesses to the court. Now the government is using digitization to send messages to witnesses via mobile phones. Adoption of this method will speed up the rapid elimination of rape cases and other cases. The government is also working on the witness protection law.
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