Law event
Study on alternative dispute resolution and judicial
remedy in rape cases
Since 1975, BRAC Research and Evaluation Division (RED) has been working independently to provide an analytical basis for BRAC's programmatic decisions, allow BRAC to learn from its mistakes, and help BRAC to share the impact and lessons from its work with academics, NGOs, and development agencies around the world. In 2007, Social Development and Human Rights Research Unit of RED undertook two studies on alternative dispute resolution (ADR) and judicial remedy of rape cases and the role of Human Rights and Legal Services (HRLS) programme of BRAC in this regard. BRAC HRLS programme the largest NGO led legal aid in this world, started its work in 1986 through imparting legal education. Its present ideal is legal empowerment of the poor and marginalized through reaching justice to the doorsteps of people. In this regard, research has always been considered an effective tool to understand the programmatic implications through empirical evidence.
The study on 'Understanding the ADR for the rural women in Bangladesh: some illustrations from BRAC HRLS programme' came up with the real scenario of justice-seeking process through ADR at grassroots level using BRAC's experience. This study pointed out how rural women had to face various social constraints for bringing out family dispute in ADR and the role played by the staff of HRLS programme to assist the aggrieved women struggling against the patriarchal norms of the society. These findings have depicted a wide picture of ADR process in rural Bangladesh where local elite, religious sentiments, power relations, poverty and conservative thoughts of the community work simultaneously to affect the outcome of ADR in establishing social justice. The recommendations of this study played an important role to support HRLS programme of BRAC in improving their ADR service.
Another study titled 'Legal challenges on the way to judicial remedy in rape case: the role of HRLS programme, BRAC' highlighted the practical reasons for least conviction rate in rape cases and the effort of the staff of HRLS programme to deal with these reasons. These reasons include intimidation of the accused after getting bail, procedural formalities in getting medical evidence, relying too much on first information report, judge's mindset to apply the doctrine of 'proof beyond reasonable doubt' and prioritize corroboration issues in rape case, lack of training of lawyers to use argument creatively drawing precedents from other jurisdictions, illegal compromise at the indulgence of judges and lawyers in the court, etc. The crucial issue of this study was the tendency of the judges and lawyers to look for corroboration in rape case which is almost difficult to get as in cases of sexual offence hardly any witnesses are found to corroborate the statement of the victim. The study came up with the recommendation to apply the precedents from Indian and Bangladeshi apex courts. These precedents emphasize to prioritize the consistent statement of the rape victim in giving judgment. The study also highlights a judgment of a lower court where advocacy with judges on the basis of these precedents contributed to bring judgment in favour of the rape victim.
As these two studies have incorporated lessons from practical limitations of justice system of Bangladesh and the strive of BRAC HRLS programme to overcome these limitations, the findings were regarded to disseminate at national level so that other legal aid NGOs and concerned stakeholders can be benefited with these recommendations for getting productive directions in their works.
The seminar on research findings on ADR and judicial remedy in rape case was held on 26 August 2009 at BRAC Centre Inn Auditorium. Dr. Shirin Sharmin Choudhury, MP, Honourable State Minister for Women and Children Affairs as chief guest and Ms. Sultana Kamal Kamal, Executive Director of Ain O Salish Kendra and former advisor of care taker government as special guest were present in the event. Dr. Mahabub Hossain, Executive Director, BRAC welcomed the participants. Dr. SM Ziauddin Hyder, Director, Research and Evaluation Division expressed objectives of the meeting. Dr. Faustina Pereira, Director, HRLS programme gave a short description of the programme. After that authors presented the findings followed by a spontaneous feedback from the audience. An interesting debate popped up in the event between the academics and the activists on the issue of empowerment which added constructive impetus to the event. The event explored a close link between research and programme which ultimately work as complementary to each other towards a just enlightened society.
-Law Desk
