Writ seeks removal of Evidence Act sections that allow questioning rape victim’s character

A writ petition was filed with the High Court on Sunday seeking annulment of two provisions of the Evidence Act 1872 that allows raising questions about a rape victim's character.

Barrister Sara Hossain filed the plea on behalf of rights body Ain O Salish Kendra (ASK), women's organisation Naripokkho, and Bangladesh Legal Aid and Services Trust (BLAST).

The Ministry of Law, Justice and Parliamentary Affairs has been made respondent in the petition.

The petition will be heard by the High Court bench of Justice M Enayetur Rahim and Justice Mohammad Mostafizur Rahman.

The writ seeks withdrawal of sections 155 (4) and 146 (3) of the colonial-era law.

Section 155 (4) states that when a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character.

Section 146 (3) states: "To shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture."

The writ was filled following the verdict in the Raintree Hotel rape case where the judge acquitted Apan Jewellers owner's son Shafat Ahmed and four other accused as well as questioned the characters of the two rape victims.

Following the verdict, the tribunal Judge, Mosammat Kamrunnahar, who pronounced the verdict, was suspended from her judicial duties and was attached to the Ministry of Law, Justice and Parliamentary Affairs.

Law Minister Anisul Huq said on Friday that the government has decided to scrap Section 155 (4) of the Evidence Act.