Rape trial in 90 days: Is it possible? What experts say
In 2020, Bangladesh approved an amendment that would allow for the death penalty in rape cases in response to a spike in such crimes. Today, amid stormy protests, the law adviser directed that rape cases be handled faster. The Business Standard spoke to top legal experts to get their opinion on what the proposed 15-day investigation and 90-day trial for rape cases would mean.
Amid storming protests against a spate of rape and sexual harassment reports coming to the fore across the country, Law Adviser Asif Nazrul today (9 March) said law enforcement agencies have to complete investigation of rape cases within 15 days and the trial in 90 days.
According to the existing law, the trial of rape cases has to be completed by 180 days.
But will such a change hold any water, or will it be another knee-jerk reaction?
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To understand how the amendments, as proposed by the law adviser, would work, The Business Standard asked experts for their views.
"Nobody abides by this. Neither the court nor the investigating agency. If the investigation is not completed or the trial is not held within this time, then what is the consequence?
'Only changing laws not enough to prevent rape'
Speaking to The Business Standard, Senior Supreme Court lawyer Ahsanul Karim said it was not possible to prevent rape by changing the law alone.
"Even though the punishment for rape was earlier changed from life imprisonment to death, the incidence of rape did not decrease. On the contrary, it rose," he said.
He said if rape could be stopped by changing the law, the countless cases of rape and murder that we have seen in the last 24 years from 2000 to now should have gradually decreased.
"That has not happened."
On the law adviser's statement, he said it was a directive and was not mandatory.
"Nobody abides by this. Neither the court nor the investigating agency. If the investigation is not completed or the trial is not held within this time, then what is the consequence? Will the case be dismissed? No.
"That means such amendments are meaningless. Not only laws, but also their implementation should be emphasised."
"After such incidents, everyone becomes worried, and the government also takes widely praised initiatives. Later, no response is received from the government on these issues"
Karim also said there was no alternative to controlling the law and order situation to suppress crime.
"After such incidents, everyone becomes worried, and the government also takes widely praised initiatives. Later, no response is received from the government on these issues," he said.
He highlighted how there were various organs of the government tasked with suppressing violence against women and children.
"What are their functions? No one knows. It is not clear whether they are accountable at all."
He said there were many challenges in implementing the law and ensuring the safety of the victimised women.
"That is why it takes a long time for rape allegations to reach the trial stage. Again, after being tried in the lower court, they get tangled in cases in the high court."
'Reducing inquiry time will hinder investigation'
Human rights activist Barrister Sara Hossain believes reducing time for law enforcement agencies would only hinder the investigation.
"Why do those who commit rape get away with it? One of the reasons is that the victims do not have protection…"
"If the investigation is carried out in such a short time, it may not be done properly. There are doubts about how effective the trial will be if the investigation and trial time are reduced."
She said more than reducing time, it was important to track rape cases properly.
"Why do those who commit rape get away with it? One of the reasons is that the victims do not have protection…
"It is important to provide proper protection to the victims of these incidents and to ensure proper coordination between the police and the prosecution. If these issues are taken into account, we can deal with these incidents properly."
Saying there was undoubtedly a crisis that could be solved in such a short time, Hossain said the reasons behind the rise in such incidents should be examined.
"Why do those who commit rape get away with it? One of the reasons is that the victims do not have protection…They are threatened and intimidated so they ultimately move away from the trial process," she said.
Stressing the need for victim protection, which she said was one of the most important issues, she also said, "We see time and again that many cases do not progress because the investigation is not done properly. There is a terrible lack of coordination between those involved in the investigation process, prosecution and trial process. It is important to intervene in these areas."
'Govt ineffective role behind failure to prevent rapes, not trial delays'
Hailing the law adviser's proposal to amend the Women and Children's Violence Prevention Act to quicken rape case investigation and trial, Supreme Court lawyer and human rights activist Barrister Jyotirmoy Barua, however, said it wasn't true that cases of violence against women were increasing due to the delay in trials at this time.
"Such incidents are increasing because the government is completely incapable of maintaining law and order"
He, instead, said it was down to the government not playing any effective role in preventing such incidents.
"Such incidents are increasing because the government is completely incapable of maintaining law and order. The rape incidents in Magura or Thakurgaon have now shocked everyone. Earlier, there were incidents of spitting on women and pulling their veils. Again, the criminals have become brazen because those involved in these incidents could not be brought to justice immediately."
He said only changing laws would not yield results, but rather, the government should show its spine.
"The police must be made stronger and more efficient. Along with speedy justice, they must also work hard on prevention," he said.
In 2020, Bangladesh approved an amendment that would allow for the death penalty in rape cases.
The move came in response to an incident which sent shockwaves throughout the country.
A woman was stripped and sexually assaulted by a group of men in a remote southern village. Police arrested eight suspects as a video of the assault went viral more than a month after the attack occurred in Noakhali.
Just days before the video went viral, public anger had already been simmering after several members of the Bangladesh Chhatra League were arrested and charged with gang raping a woman in the northern town of Sylhet.
A while later, five convicts were sentenced to death in a rape case for the first time.
