Man arrested for ‘attempted rape’ of Indigenous teen in Bandarban

A construction worker has been arrested for allegedly attempting to rape a 17-year-old girl of the Khyang community with mental health condition in Bandarban's Rowangchhari upazila, after the incident was initially attempted to be settled through local arbitration (salish).

Jamal Hossain, a road repair worker from Patuakhali, was detained on Tuesday, a day after the alleged assault. The victim's older brother Reven Khyang filed a case of attempted rape with the Rowangchhari Police Station the following day.

According to the case details, the incident occurred on Monday around 6pm when Jamal encountered the victim alone on a village road. He allegedly dragged her towards a nearby forest and attempted to rape her. 

The victim's screams prompted local residents to rush to her aid, causing Jamal to flee into the jungle. The victim was rescued and taken back home.

The next morning, locals caught Jamal on the road, beat him, and held him until the police arrived. 

Officer-in-Charge (OC) Abul Kalam Azad of Rowangchhari Police Station confirmed that while Jamal had been initially detained, no formal complaint had been filed by the victim's family, leading to his temporary release under Section 54 of the Code of Criminal Procedure. 

"However, after the family approached the police on Thursday, a formal case was filed, and Jamal was arrested," OC Azad said. Jamal had been involved in four previous cases in Bandarban, including theft, drug-related offences, rape, and assault.

Meanwhile, an informal arbitration was conducted the day after the attempted rape, during which Jamal was fined Tk40,000 in a bid to resolve the matter. 

A copy of the settlement, which later went viral on social media, indicated that four village heads, an Ansar member, a teacher, and two student representatives were present at the mediation. 

The agreement also included a stipulation that Jamal would be paraded around the village wearing a garland made of shoes as part of his punishment.

Reven Khyang, the victim's brother, said he was not present at the time of the settlement but was informed that the village elders had made the decision. 

He further said the Tk40,000 fine was never actually paid.

Reven explained that his sister had been in good health until her tenth grade but began showing signs of mental health issues about three years ago, which worsened after the death of their father. 

He said that due to the family's vulnerable situation, he did not initially pursue legal action.

Locals, speaking anonymously, indicated that resolving issues in accordance with traditional customs was common practice in the village. 

However, they suspected that external pressure may have influenced the village elders' decision to mediate. No one was willing to comment further on the matter.

Donai Pru Marma Nelly, a local human rights activist, said handling such serious matters through social arbitration was illegal. 

"Such incidents must be addressed through legal channels," Nelly added.

OC Azad confirmed that the police would send notices to those involved in the mediation, as the practice of resolving such cases outside of the legal system is a criminal offence.