Death penalty for rape: Cabinet approves draft of amendment to bill

The cabinet today approved the draft of the Women and Children Repression Prevention (Amendment) Bill, incorporating the provision of capital punishment for rape amid countrywide protests against violence against women.

"The cabinet has approved the amendment proposal, incorporating a provision of the death penalty or life-term in jail for rape," said Khandker Anwarul Islam, secretary of the cabinet division.

He also said that the cabinet gave the approval following vetting by the legislative division.

"The PM has given an emphasis on completing trials of rape cases within the stipulated timeframe as well," said the secretary.

'A step forward for women empowerment'

State Minister for Women and Children's Affairs Fazilatunnesa Indira expressed gratitude for the cabinet's decision, saying that this will help women empowerment take a step forward.

"I believe the country will become free from rape following the amendment of the act," she said.

"Our work is not done, we will pass it as bill in parliament session in November," the state minister informed.

Adding that the rapists don't belong to any political party, she said that everyone's joint effort is essential to prevent rape and violence against women.

'A rushed act to calm protesters'

The cabinet approval for the amendment comes despite legal experts and rights activists claiming the death penalty for rape is ineffective in reducing the number of rape incidents.

Bangladesh National Women Lawyers' Association (BNWLA) Executive Director Advocate Salma Ali, in a reaction to the latest development, said "It is just a rushed act to calm some of the protesters."

The decision makers should have taken the time to consult with grassroots lawyers and law practitioners who deal with such cases first-hand, she said.

Just making the law will not do anything without a proper guideline and unless the implementation is ensured, she added.

Access to justice begins at the local police stations. The police stations need to have at least three expert officials properly trained to be sensitive to women and such cases. In this digital era, court room proceedings can also be held keeping the survivours behind a screen as part of the protection ring, she also said.

The advocate reiterated the importance of ensuring preventive protection and protection of the survivours.

If the survivour demands compensation, it has to be delivered as soon as the primary phase of proving guilt is over, she also said.

"We also demand change in the existing definition of rape in the law," she added.

'None of the actual barriers to justice addressed'

Taqbir Huda, a research specialist at Bangladesh Legal Aid and Services Trust (BLAST), shared similar concerns as Salma Ali.

"The absence of death penalty for single perpetrator rape (without murder) under the 2000 Act has not been an obstruction to justice at all," Taqbir said when contacted by The Daily Star.

"The biggest barriers to justice for rape have been the lack of a witness protection system, the lack of gender sensitisation of justice sector actors, the lack of timely medico-legal examination, the lack of sentencing discretion of judges and the lengthy trial periods due to overburdened judges and courts. None of these prime and actual barriers to justice for rape are addressed in the slightest by the introduction of death penalty," he continued.  

"Real change requires real reform, and real investment," the BLAST researcher added.