A legal notice has been served to authorities concerned seeking amendment of law for considering marital rape as a crime.
Confirming the matter to The Business Post, Supreme Court lawyer Md Zahid Chowdhury Johnny said he had sent the legal notice on Sunday on behalf of Wahida Afsana, a senior newsroom editor of Ekattor TV.
The notice said women cannot take any legal action under the Nari O Shishu Nirjatan Daman Ain (The Prevention of Oppression against Women and Children Act) and Penal Code if they are raped by their husbands.
The legal notice said that as per a report published on Dhaka Tribune on October 30, 2020, over 11,000 women faced domestic violence during the Covid-19 shutdown. 11,025 women faced different forms of domestic violence during the shutdown across Bangladesh in May.
The notice elaborated that according to Manusher Jonno Foundation, at least 4,249 women and 456 children were subjected to domestic violence including marital rape in 27 out of 64 districts of Bangladesh in April, with 1,672 women and 424 children facing violence for the first time in their lives.
According to the Ain o Salish Kendra (ASK), 29 women were murdered by their husbands from January-February 2020. Most of these cases went unreported, the notice added.
The notice further said the current situation is very dangerous as nowadays many married women are not even conscious of the fact that they are being raped. Society has taught them that they have no choice but to endure such torture when it comes to their husbands.
According to the notice, Dr David Finkelhor, Director of the Crimes against Children Research Center, Co-Director of the Family Research Laboratory and Professor of Sociology at the University of New Hampshire says, “When you are raped by a stranger you have to live with a frightening memory. When you are raped by your husband, you have to live with your rapist”.
Article 27 under Part III (Fundamental Rights) of the Constitution of the People's Republic of Bangladesh says: “All citizens are equal before the law and are entitled to equal protection of the law”.
Article 31 under the Part III (Fundamental Rights) of the Constitution of the People's Republic of Bangladesh says: “Right to protection of law: To enjoy the protection of the law, and to be treated in accordance with the law, and only in accordance with the law, is the inalienable right of every citizen, wherever s/he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with the law.”
Article 32 under the Part III (Fundamental Rights) of the Constitution of the People's Republic of Bangladesh says: “Protection of right to life and personal liberty: No person shall be deprived of life or personal liberty saves in accordance with the law,” the notice said.
The legal notice said that in 1993, the United Nations Commission on Human Rights declared marital rape as a violation of human rights. Till now 150 countries consider marital rape as a crime. But even in the 21st century, there is no legal provision or punishment for marital rape in Bangladesh.
It also said: "We have to realize that marital rape is often more traumatic and scarring for a victim than rape by a stranger. We have improved in many sectors, but still, marital rape is not considered an offence in Bangladesh."
It is high time for lawmakers to enact laws regarding marital rape and take necessary steps to fight violence against women, the notice added.
Secretary of the Ministry of Law, Secretary of the Ministry of Women and Children Affairs, Secretary of the Ministry of Home Affairs, Chairman of the Bangladesh Law Commission, Chairman of the National Human Rights Commission of Bangladesh, Director General of the Department of Women and Children Affairs and Director General of the Department of Social Services have been made respondents to the legal notice.
The notice sought response from the authorities concerned regarding this matter within 7 days. A writ petition will be filed with the High Court otherwise.
nh/teb
