Plight of rape victims

SC for female magistrates to record testimony

Amidst repeated incidents of rape and sexual harassment across the country, the Supreme Court yesterday issued a circular to record rape victims’ statements by female magistrates, while a High Court bench remarked that incidents of rape had increased due to a loss of morality. “Incidents of rape and sexual harassment have increased across the country due to a loss of morality. One-and-half-year old children are being raped and even the mother of six children have not been spared,” the HC bench, comprising Justice FRM Nazmul Ahasan

and Justice KM Kamrul Kader, made this remark while hearing a rape-related petition. The HC bench also said, “We have to create awareness in society to remove such type of hateful offences. Teachers, students and political leaders have to take more responsibility to create awareness among the people to remove the crunch of hateful activities including rape and sexual harassment from society.”

Meanwhile, the Supreme Court in a circular yesterday directed the country’s chief judicial magistrates and chief metropolitan magistrates to appoint female magistrates to record the testimonies of female victims of rape and sexual harassment for the sake of a fair investigation and trial.

The Supreme Court issued the circular after a series of harassment incidents against women and allegations of sexual misconduct against a police station chief while recording a statement of Nusrat Jahan Rafi, a Feni madrasa student.

Supreme Court Registrar General Dr Md Zakir Hossain issued the circular as per instruction of Chief Justice Syed Mahmud Hossain, according to the circular.

“Female magistrates will record the statements of those victims in the interest of fair investigation and justice in cases filed for rape and sexual harassment. There is a provision in Women and Children Repression Prevention Act-2000 for recording statements from the victims in such cases,” the circular said.

“It has been noticed that some male magistrates have recorded statements from female and child victims in some cases and therefore the victims felt confused and hesitated to place their statements to the male persons,” the circular read.

To address such situation, a female magistrate must record the statements of the victims so that they can narrate the incidents without any hesitation, it said.

According to the notice, in the absence of female magistrates in the district or metropolis, any other eligible magistrate can be given the responsibility of recording statements.

Supreme Court lawyer Advocate Mutasir Mahmud Rahman filed a writ over the rape incident of Noakhali’s Subarnachar Upazila.

According to the case statement, Poly Akter, 22, wife of Yusuf Sohag, committed suicide by taking poison at Mohammadpur Union’s Char Maksum village on March 2 after the locals fined rapist Alauddin Tk 60,000 in a village arbitration and let him off.

Alauddin, a resident of the same village, had entered the house and raped her on March 1 night when nobody was around. Locals rushed to the scene after Poly cried for help, and caught Alauddin.

During the hearing on the petition, the HC bench said that incidents of rape were increasing due to a loss of morality.

At one stage of the hearing, deputy attorney general (DAG) Abdullah Al Mahmud Bashar told the court that some teachers were also involved in rape and sexual harassment. He cited Nusrat Jahan Rafi’s case as a glaring example.

The members of the governing body had brought out processions demanding the release of Sirajuddola, principal of the Feni Madrasha, who had been arrested on the charge of sexually harassing Nusrat Jahan. Had the governing body members and the local administration had taken steps against Sirajuddola, incident of Nusrat being set on fire would not have taken place, the HC bench observed.  

Advocate Mutasir Mahmud Rahman, who filed the petition over the Noakhali rape incident, told the court that the local people, led by Union Parshad member Nuru, had dismissed the rape incident after fining the accused Tk 60,000 without filing any case and released the rapist, Alauddin.

The HC bench asked whether a criminal case had been filed over the rape incident. The DAG, Abdullah Al Mahmud Bashar, said the case had been filed under Section 306 of the criminal procedure of code (CrPC), which concerns suicides.

He also added that there was no provision to resolve incidents of rape through arbitration. The victim’s father filed a case over the incident.

Later, the HC bench said that if the victim’s father did not get justice in such an incident, where would people go to get justice? Where has our society gone? the HC bench asked.

 After that the HC bench issued a rule asking the government to explain why the village arbitration over the rape incident should not be declared illegal.  It also asked the government to explain why its inaction to take action against the offenders should not be declared illegal.

 

Plight of rape victims

SC for female magistrates to record testimony

Amidst repeated incidents of rape and sexual harassment across the country, the Supreme Court yesterday issued a circular to record rape victims statements by female magistrates, while a High Court bench remarked that incidents of rape had increased due to a loss of morality. Incidents of rape and sexual harassment have increased across the country due to a loss of morality. One-and-half-year old children are being raped and even the mother of six children have not been spared, the HC bench, comprising Justice FRM Nazmul Ahasan and Justice KM Kamrul Kader, made this remark while hearing a rape-related petition. The HC bench also said, We have to create awareness in society to remove such type of hateful offences. Teachers, students and political leaders have to take more responsibility to create awareness among the people to remove the crunch of hateful activities including rape and sexual harassment from society. Meanwhile, the Supreme Court in a circular yesterday directed the countrys chief judicial magistrates and chief metropolitan magistrates to appoint female magistrates to record the testimonies of female victims of rape and sexual harassment for the sake of a fair investigation and trial. The Supreme Court issued the circular after a series of harassment incidents against women and allegations of sexual misconduct against a police station chief while recording a statement of Nusrat Jahan Rafi, a Feni madrasa student. Supreme Court Registrar General Dr Md Zakir Hossain issued the circular as per instruction of Chief Justice Syed Mahmud Hossain, according to the circular. Female magistrates will record the statements of those victims in the interest of fair investigation and justice in cases filed for rape and sexual harassment. There is a provision in Women and Children Repression Prevention Act-2000 for recording statements from the victims in such cases, the circular said. It has been noticed that some male magistrates have recorded statements from female and child victims in some cases and therefore the victims felt confused and hesitated to place their statements to the male persons, the circular read. To address such situation, a female magistrate must record the statements of the victims so that they can narrate the incidents without any hesitation, it said. According to the notice, in the absence of female magistrates in the district or metropolis, any other eligible magistrate can be given the responsibility of recording statements. Supreme Court lawyer Advocate Mutasir Mahmud Rahman filed a writ over the rape incident of Noakhalis Subarnachar Upazila. According to the case statement, Poly Akter, 22, wife of Yusuf Sohag, committed suicide by taking poison at Mohammadpur Unions Char Maksum village on March 2 after the locals fined rapist Alauddin Tk 60,000 in a village arbitration and let him off. Alauddin, a resident of the same village, had entered the house and raped her on March 1 night when nobody was around. Locals rushed to the scene after Poly cried for help, and caught Alauddin. During the hearing on the petition, the HC bench said that incidents of rape were increasing due to a loss of morality. At one stage of the hearing, deputy attorney general (DAG) Abdullah Al Mahmud Bashar told the court that some teachers were also involved in rape and sexual harassment. He cited Nusrat Jahan Rafis case as a glaring example. The members of the governing body had brought out processions demanding the release of Sirajuddola, principal of the Feni Madrasha, who had been arrested on the charge of sexually harassing Nusrat Jahan. Had the governing body members and the local administration had taken steps against Sirajuddola, incident of Nusrat being set on fire would not have taken place, the HC bench observed. Advocate Mutasir Mahmud Rahman, who filed the petition over the Noakhali rape incident, told the court that the local people, led by Union Parshad member Nuru, had dismissed the rape incident after fining the accused Tk 60,000 without filing any case and released the rapist, Alauddin. The HC bench asked whether a criminal case had been filed over the rape incident. The DAG, Abdullah Al Mahmud Bashar, said the case had been filed under Section 306 of the criminal procedure of code (CrPC), which concerns suicides. He also added that there was no provision to resolve incidents of rape through arbitration. The victims father filed a case over the incident. Later, the HC bench said that if the victims father did not get justice in such an incident, where would people go to get justice? Where has our society gone? the HC bench asked. After that the HC bench issued a rule asking the government to explain why the village arbitration over the rape incident should not be declared illegal. It also asked the government to explain why its inaction to take action against the offenders should not be declared illegal.