ANALYTICAL STUDY OF STATUTORY LAWS ON RAPE IN BANGLADESH: HOW FAR IT ENSURES JUSTICE
MD. SHAHIDUL ISLAM *
Department of Law and Justice, Bangladesh Army University of Engineering & Technology, Qadirabad Cantonment, Natore, Bangladesh.
MD. SADIUL ISLAM
Department of Law and Justice, Bangladesh Army University of Engineering & Technology, Qadirabad Cantonment, Natore, Bangladesh.
*Author to whom correspondence should be addressed.
Abstract
The conviction rate for rape cases in Bangladesh is only three percent. The two main domestic legislations are varied from each other. It gives the offenders some space of escaping from the judicial system and creates a bar to access natural justice. The paper elaborates on the contents of rape and justice under the purview of both national and international laws. Few case study shows the true sufferings of a raped woman irrespective of her age and social status. Many scholarly articles have scrutinized the existing rape provisions in Bangladeshi statutory laws. By dissecting the two main national legislations, the paper identifies some gruesome loopholes in the existing rape provisions, which are directly ultra vires with the concept of justice. The good thing is some international legal instruments including the CEDAW convention and International Human Rights Law have always raised their voice against rape. But the rape victims of our country have faced much physical and mental trauma due to the patriarchal perspective of the society. Their lives have been demolished for unworthy provisions and legal mechanisms. Accountability of the mass people, a positive outlook toward raped women, and a scientific judicial criminal justice system can only ensure proper justice.
Keywords: Offender, victim, justice, loopholes, rights, rape