The need for better governmental protection against domestic violence in Bangladesh

Tasfiah Rahman reports on the current provisions against domestic violence in Bangladesh, and suggests the need for reform.

During the Covid-19 pandemic in 2020, the National Helpline Centre for Violence Against Women and Children in Dhaka, Bangladesh, received over 10,000 calls every day¹. While domestic violence has been a major issue in Bangladesh for many years, the recent lockdown has coincided with a concerning increase in incidents of domestic violence

Domestic abuse breaches the Domestic Violence (Prevention and Protection Act) 2010 (DVPPA), the main statute for domestic violence in Bangladeshi law which states that domestic violence can take place physically, psychologically, sexually or economically against a woman or child by any family member.²

Domestic violence also breaches international legislation such as the Human Rights Act 1992 and the UN Conventions on the Rights of the Child 1990. However, it is clear that these acts do not go far enough to protect Bangladeshis from domestic abuse, which was especially evident during the recent crisis of the Covid-19 pandemic. This article will consider the protection that is available for men, women and child victims of domestic abuse in Bangladesh, and suggest ways in which the government could improve the current legislation.

Child victims of domestic violence

According to UNICEF, physical discipline is a ‘corporal punishment’ that refers to any punishment where physical and/or psychological force is used to cause any degree of pain or discomfort and to control children.³ Physical discipline is used across all levels of Bangladeshi society. In fact, 82.4% of children in Bangladesh between 1–14 years of age have experienced either physical or psychological abuse.⁴

The UN’s Convention on the Rights of the Child 1990 consists of articles protecting the rights of parents, families and carers to raise a child in a way that respects their rights⁵;  and to make sure that their child is protected from any type of physical or mental violence, injury or abuse, neglect, maltreatment or exploitation, including sexual abuse or sexual exploitation while the child is living with their parents or in the care of anyone else⁶. In addition, the government must protect children from any form of sexual abuse⁷; must make sure that children are never tortured and never treated in a way that is cruel, inhuman or degrading⁸; and if a child has been the victim of abuse, the national government must make sure that the child is given the help to recover⁹.  It is disappointing that the government in Bangladesh has still not complied with these sections of the UN’s Convention on the Rights of the Child 1990.

While the schools in Bangladesh were closed due to the pandemic, children doing their school classes online had little escape from toxic home environments. A first step towards reducing physical punishment and abuse towards children would be to tackle its normalisation in Bangladesh. In addition, the government could take inspiration from the Convention on the Rights of the Child 1990 to incorporate its protections into the Bangladeshi legal system.

That’s not to say that there is no Bangladeshi legislation to protect children from abuse. The DVPPA gives victims of domestic violence (including children), or someone acting on their behalf (for example, an enforcement officer or a service provider), the right to apply for a remedy in any court in Bangladesh.¹⁰ The Children Act 2013 paves a similar pathway via the Child Welfare Board, which helps protect children who are living under unsafe conditions, through children’s courts, bail provisions and legal representation.¹¹ However, in order to reach these services, the government should find ways to advertise helplines such as the Child Helpline. This helpline was created for children under 18, as a way for them to report domestic abuse cases immediately to the nearest police stations.

Female victims of domestic violence

The Covid-19 lockdown has exacerbated domestic violence against women around the world due to increases in household tension as a result of stay-at-home orders, economic fears, and stress about the virus.¹² The Bangladesh human rights group, Ain o Salish Kendra (ASK), has reported that at least 235 women were murdered by their husband or his family in just the first nine months of 2020.¹³ Due to societal pressures and fear of judgement, women of all classes often remain silent despite hostile home environments, as they are scared to take any action.¹⁴

The Human Rights Act 1998 plays a vital role in protecting women against domestic abuse. Fundamental human rights include the right to life¹⁵, the right not to be tortured or treated in an inhuman and degrading way¹⁶, the right to respect for private and family life¹⁷ (including the right to physical and psychological integrity), the right to education¹⁸, and the right not to be discriminated against¹⁹. All of these can be infringed when a woman is the victim of domestic abuse.

According to the prominent Bangladesh human rights group, Odhikar, between January 2001 and December 2019, over 3,300 women and girls were murdered in the country over dowry disputes.²⁰ This is still an issue despite the case of Nure Alam v State, after which it was made punishable to demand a dowry under section 4 of the Dowry Prohibition Act 1980.²¹

Girls who marry under 18 years of age are more likely to be victims of domestic violence.²² Bangladesh is among the top-10 countries in the world for child marriage. It is eighth from the bottom in South Asia, according to a UN report that said Bangladesh has a 51% child marriage rate.²³ Difficult financial situations caused by the effects of the Covid-19 pandemic have made parents less willing to keep their unmarried daughters at home over the last year as they can’t afford further education. The international development organisation BRAC, which is based in Bangladesh, stated that it had prevented 670 child marriages in 2019 and 1,091 in 2020 through persuasion and educational efforts. However, there were still 167 additional attempts at child marriage in Bangladesh in 2019 and 292 in 2020.²⁴

The law states that the minimum legal age for females to get married is 18 years, while for males it is 21 years, under the Child Marriage Restraint Act, 2017. Nevertheless, in many areas of Bangladesh, people have no knowledge of the legislation against child marriage.²⁵ This has made preventing underage marriages in Bangladesh a serious challenge. 

Victims can take actions on their abusers in Bangladesh via remedies and other compensation. The punishment for rape is the same under  s 9, Prevention of Women and Children Repression Bill 2000²⁶ and the Penal Code of 1860, s.376 where  it says “whoever commits rape shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.”²⁷ Even though domestic abusers are at risk of imprisonment, life sentences and fines, it is worth remembering that domestic abuse can have a lifelong effect on victims.

Under the DVPPA, a domestic violence offence shall be punished with imprisonment which may extend to 6 months or a fine of 10 thousand Taka or both²⁸. It is arguable that this punishment is relatively short and is not a sufficient penalty.

Male victims of domestic violence

In 2020, the Bangladesh Men’s Rights Foundation (BMRF) stated that around 80% of men in the country face mental abuse from their spouses.²⁹ BMRF also disclosed that “the victims do not want to reveal their identities for fear of social embarrassment.”³⁰ This is in part due to the patriarchal society that exists in Bangladesh, where restrictive gender roles endure and where men are expected to dominate women.

Almost all the domestic abuse-related statutes in Bangladesh have thresholds for women and child victims, but there is very little protection for men victims. Although domestic violence is not as prevalent against men as against women and children in Bangladesh, this means that there is very little support for adult males’ protection from domestic abuse. It is arguable that the Bangladesh government should be open to taking further action into incorporating sections or articles, especially in the DVPPA, which can provide male victims with equal support to women victims. This could also have the effect of encouraging more male victims to come forward.

Discrimination based on sex is prohibited under human rights treaties such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which under common article 3 provides the rights to equality between men and women in the enjoyment of all rights.³¹ However, this international legislation is not applied in the domestic abuse laws in Bangladesh. As they are not protected under the legislation, men and boys can have a hard time proving that they have been a victim of domestic abuse to the courts.

Conclusion

Domestic violence is a serious issue in Bangladesh, and one that has been worsened by the stay-at-home conditions of the pandemic. Women, children and men can all fall victim to domestic abuse, but while there are statutes in place in Bangladesh to support women and children, men are not always afforded the same protection. It is also obvious that there are loopholes and shortcomings as to the efficient implementation and adequacy of those laws that do exist, which became particularly clear during the Covid-19 pandemic. It is important that the government learns to implement more facets of the international Human Rights Act in order to protect victims and prevent abusers. 

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^[1] Hasina, ‘National Helpline Centre for Violence against Women and Children’ (National Helpline Centre for Violence against Women and Children, 2 November 2010) <http://nhc.gov.bd/> accessed 10 March 2021

^[2] Domestic Violence Act (Prevention and Protection) Act 2010, s.3

^[3] Ortiz-Ospina E and Roser M, “Violence against Children and Children’s Rights” (Our World in DataOctober 24, 2017) <https://ourworldindata.org/violence-against-rights-for-children&gt; accessed May 16, 2021

^[4] Bangladesh Bureau of Statistics and Unicef Bangladesh. Child well-being survey in urban areas of Bangladesh, key results. Dhaka, Bangladesh; 2016. <https://www.unicef.org/bangladesh/CWS_in_urban_areas_Key_Findings_Report_Final_04122016.pdf> accessed June 23 2021

^[5] Convention on the Rights of the Child 1990 , Article 5

^[6] Convention on the Rights of the Child 1990 , Article 19

^[7] Convention on the Rights of the Child 1990, Article 34

^[8] Convention on the Rights of the Child 1990, Article 37

^[9] Convention on the Rights of the Child 1990, Article 39

^[10] Domestic Violence Act 2010, Chapter 4, s (20) (3)

^[11]  “Towards Justice for Children” (UNICEF Bangladesh) <https://www.unicef.org/bangladesh/en/raising-awareness-child-rights/towards-justice-children&gt; accessed March 9, 2021

^[12] ‘Domestic violence and abuse: safeguarding during the Covid-19 pandemic’(Social Care Institute for Excellence, 31 March 2021) < https://www.scie.org.uk/care-providers/coronavirus-covid-19/safeguarding/domestic-violence-abuse> Accessed 23 June 2021

^[13] “‘I Sleep in My Own Deathbed’” (Human Rights WatchNovember 12, 2020) <https://www.hrw.org/report/2020/10/29/i-sleep-my-own-deathbed/violence-against-women-and-girls-bangladesh-barriers&gt; accessed June 23, 2021

^[14] Dr Nasrin Rahman, “Preventing Domestic Violence against Women” (The Daily Star November 23, 2020) <https://www.thedailystar.net/law-our-rights/news/preventing-domestic-violence-against-women-2000193&gt; accessed March 9, 2021

^[15] Human Rights Act 1998, Sch 1, Part 1, Article 2

^[16] Human Rights Act 1998, Part 1, Article 3

^[17] Human Rights Act 1998, Part 1, Article 8

^[18] Human Rights Act 1998,Part 2, Article 2

^[19] Human Rights Act 1998,Part 2, Article 2

^[20] “‘I Sleep in My Own Deathbed’” (Human Rights WatchNovember 12, 2020) <https://www.hrw.org/report/2020/10/29/i-sleep-my-own-deathbed/violence-against-women-and-girls-bangladesh-barriers&gt; accessed June 23, 2021

^[21] Dowry Prohibition Act 1980, s4

^[22] ‘Child Marriage’ (Unicef) https://www.unicef.org/protection/child-marriage Accessed 23 June

^[23] Sakib N, “Bangladesh: Child Marriage Rises Manifold in Pandemic” (Life, Asia, PacificMarch 22, 2021) <https://www.aa.com.tr/en/asia-pacific/bangladesh-child-marriage-rises-manifold-in-pandemic/2184001&gt; accessed June 23, 2021

^[24] Sakib N, “Bangladesh: Child Marriage Rises Manifold in Pandemic” (Life, Asia, PacificMarch 22, 2021) <https://www.aa.com.tr/en/asia-pacific/bangladesh-child-marriage-rises-manifold-in-pandemic/2184001&gt; accessed June 23, 2021

^[25] Reza S, “Journal of Humanities And Social Science (IOSR-JHSS)” (2021) 26 Domestic Violence against Women in the Time of Pandemic in Bangladesh <www.iosrjournals.org> accessed June 7, 2021

^[26] Prevention of Women and Children Repression Bill 2000, s.9

^[27] The Penal Code of 1860, s.376

^[28] Domestic Violence Act 2010, Chapter 6

^[29] Jahangir, ‘Bangladesh: Male victims of domestic violence demand gender-neutral laws’ (DWCOM, 20 November 2020) <https://www.dw.com/en/bangladesh-domestic-abuse-male-victims/> accessed 10 March 2021

^[30] Jahangir, ‘Bangladesh: Male victims of domestic violence demand gender-neutral laws’ (DWCOM, 20 November 2020) <https://www.dw.com/en/bangladesh-domestic-abuse-male-victims/> accessed 10 March 2021

^[31] Human Rights and Gender – United Nations and the Rule of Law” (United Nations) <https://www.un.org/ruleoflaw/thematic-areas/human-rights-and-gender/&gt; accessed June 7, 2021

Image credit: A woman writes on a pledge board at Orange the World 2018 in Bangladesh, marking 16 Days of Activism Against Gender-Based Violence © UN Women/Flickr

Disclaimer: The BPP Human Rights blog, and all pieces posted on the blog, are written and edited exclusively by the student body. No publication or opinion contained within is representative of the values or beliefs held by BPP University or the Apollo Education Group. The views expressed are solely that of the author and are in no way supported or endorsed by BPP University, The Apollo Education Group or any members of staff.

The Domestic Abuse Act 2021: 3 ways the Act better protects women and victims

Grace Glover reports on the recent Domestic Abuse Act and the additional protection that it will offer to victims of abuse

Trigger warning: this post contains domestic abuse content

The Domestic Abuse Act 2021 received Royal Assent and was signed into English law as of April this year –  a triumphant moment for domestic abuse survivors, campaigners and women’s rights groups. But, just how does the new legislation provide better protection for women and victims of domestic abuse in the UK?

It is no secret that domestic abuse has been impacted significantly by the stay-at-home orders issued during the coronavirus pandemic, and more than ever women and victims have been reaching out to domestic abuse support services. As a matter of fact, a Women’s Aid survey demonstrated that during the first few months of the pandemic, an increase in demand was reported by 58% of 26 refuge services and 91% of 22 online support services.ⁱ Government recognition of the effects of lockdown on domestic abuse was embodied in the Home Secretary’s #YouAreNotAlone campaign, plus an additional £2m funding towards domestic abuse services in order to ‘allow those most vulnerable to abuse to access support during periods when it might be difficult to communicate on the phone.’ⁱⁱ With the pandemic as the backdrop to a particularly bleak and terrifying time for victims, it is reassuring to know that domestic abuse is within the government’s narrative. Parliament’s new legislation aiming to better protect victims of domestic abuse will be especially welcome. It recognises what can further be done to uphold our human rights, namely articles 3 and 14 of the Human Rights Act 1998 (HRA). Article 3 states that ‘no one should be subjected to torture or inhumane or degrading treatment or punishment’ and Article 14 ‘that the enjoyment of rights [… ] shall be secured without discrimination on any ground such as sex […].’ⁱⁱⁱ These rights must be protected for victims of abuse, and this protection is not only materialised in the new Domestic Abuse Act 2021 by the introduction of new offences, but additionally, better protection is addressed in provisions relating to health, court proceedings and refuge services. Matters in relation to health and court proceedings are further detailed and analysed below, yet in terms of refuge services, the Act guarantees that all survivors in need of housing will be granted a secure tenancy rather than a flexible one, ‘if that tenancy is granted for reasons connected with domestic abuse.’^iv This provision understands the need for secure, stable housing in order to escape the abuse that undeniably infringes upon women’s human rights as stated in the HRA.

In relation to health and court proceedings, in the past, both of these – in some way or another – have failed to consider the victim’s rights and the sensitivity of their circumstances as survivors of abuse. To better explain this, it is appropriate to ask, what specific protection does the Act offer?

The introduction of new offences

The Domestic Abuse Act 2021 has now criminalised the act of threatening to disclose ‘a private, sexual photograph or film in which another individual appears, and by doing so, the person intends to cause distress to that individual and the disclosure is, or would be, made without [their] consent.’^v Though one may recall under the Criminal Justice and Courts Act 2015 that it is an offence to disclose said private sexual photographs or films,^vi what this provision failed to consider was the level of control and therefore emotional abuse and extreme mental health effects that threats to disclose said images can have. One professor notes that, ‘Victims of revenge pornography can suffer greatly in several aspects of their life, from their social lives and relationships, to their professional lives and psychological health.’^vii Online abuse towards women (though it is important to state that men are also affected by online abuse) is sadly a reality in today’s social media society, and without digressing into another important and very substantive human rights topic, this section of the Act does add a layer of protection to those who are experiencing this form of online, emotional abuse, for example by a former partner. In addition, non-fatal strangulation and suffocation is now an offence which carries a prison sentence of up to 12 months.^viii This now recognises at law the protection women and victims need from such form of brutal domestic abuse.

Special measures for victims in court proceedings

The Act affords better protection for victims and witnesses when navigating through the court system. One of the new provisions introduces into the civil, criminal and family courts a prohibition on abusers cross-examining their victims in person.^ix The reform includes that ‘…no party to the proceedings who has been convicted of or given a caution for, or is charged with a specified offence may cross-examine in person a witness who is the victim, or alleged victim of that offence.’^x How often this occurred in practice is not clear, yet it is a huge comfort to know that the stress and anxiety of cross-examination will not come from the victim’s abuser themselves, which the Guardian was unafraid to label ‘abhorrent.’^xi Focusing on victims’ navigation through the courts prior to this Act, it is important to note that policies had already been adopted with the aim to protect and support victims. The key work of the Domestic Abuse Best Practice Framework, which was adopted in 2019, has been stressed by Kate Brown, the Crown Prosecution Service (CPS) lead for domestic abuse. This framework implemented measures such as pairing victims with an Independent Violence Advisor and in some cases the use of special procedures, ‘such as giving evidence behind a screen or via live link.’^xii This highlights that there are policies in place which recognise the trauma that coming face-to-face with their abusers has on victims. What the new Act aims to do is fill in a gap in court proceedings, yet it is important to note that policies, legislature and other frameworks that were already in place are and will continue to work with victims in the courts for their protection, especially regarding the extremely sensitive nature of bringing victims and their abusers together in the courtroom.

A ban on GPs and other health professionals charging for medical evidence of domestic abuse

Another provision of the Act (though not yet in force) prohibits the charging of a fee for ‘preparation or provision of relevant evidence’^xiii of domestic abuse. It is perhaps one of the most surprising reforms, as one may not have considered that a fee for such processes existed prior to this. The provision extends to GPs, those practicing nursing and midwifery and paramedics, encapsulating a wide range of medical professionals who come into contact with survivors of abuse. One source states that GPs were previously ‘ignoring British Medical Association guidance and charging alleged victims […] over £150 for letters confirming their injuries to enable them to access legal aid’, whilst Baroness Williams of Trafford raised the issue in a House of Lords debate earlier this year that ‘GPs can levy a fee for this service, due to it being classified as private work that sits outside the core GP contract.’^xiv The provision which now prohibits charging a fee in relation to gathering medical evidence recognises the sensitivity of the circumstances and again, adds an additional layer of – this time financial – protection to those who find themselves subjected to domestic abuse.

In summary, the new Act is something for women to celebrate. It recognises numerous areas which have previously failed victims of domestic abuse and aims to right these wrongs. The Act understands that better protection was needed in a variety of circumstances, from the introduction of new offences to additional measures to better help victims as they proceed through the court system and more. It is important to note that by no means is the legislation complete, and with time further reforms will come to light. But for now, this Act is a positive step in the right direction in recognising and upholding the rights of women and victims.

Please note:

The Domestic Abuse Act 2021 covers numerous new provisions not discussed in this article; please access the full Act as cited below for further information.

This article focuses on women’s rights, but the author recognises that domestic abuse can occur against men in heterosexual and same-sex relationships, and children.

If you are experiencing domestic abuse please contact a victim support charity such as Refuge’s free and confidential UK Domestic Abuse helpline: 0808 2000 247. You can also find further support in regards to any of the issues mentioned in this article via their website: http://www.nationaldahelpline.org.uk/. 

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i Nick Stripe, ‘Domestic abuse during the coronavirus (COVID-19) pandemic, England and Wales: November 2020’,  (ONS.gov.uk, 25 November 2020) <https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/domesticabuseinenglandandwalesoverview/november2020#latest-figures-for-the-coronavirus-covid-19-pandemic> accessed 1 June 2021.

ii ‘Coronavirus: Domestic abuse services to get £2m amid lockdown’, (BBC News, 11 April 2020) <https://www.bbc.co.uk/news/uk-52255092> accessed 7 June 2021.

iii The Human Rights Act 1998 (c. 42) Schedule 1.

iv The Domestic Abuse Act 2021 (c. 17), s. 79.

v The Domestic Abuse Act 2021 (c. 17), s. 69.

vi The Criminal Justice and Courts Act 2015 (c. 2), s. 33.

vii Emma Bond and Katie Tyrrell, ‘Understanding Revenge Pornography: A National Survey of Police Officers and Staff in England and Wales’, Journal of Interpersonal Violence, vol. 36, 2018, pp. 2166 – 2181.

viii The Domestic Abuse Act 2021 (c. 17), s. 70.

ix The Domestic Abuse Act 2021 (c. 17), ss. 62-67.

x The Domestic Abuse Act 2021 (c. 17), s. 65.

xi Mark Townsend, ‘Bill bans ‘abhorrent’ quizzing of domestic abuse victims in court’, (The Guardian, 20 January 2019) <https://www.theguardian.com/society/2019/jan/20/ban-on-cross-examination-of-domestic-abuse-victims> accessed 7June 2021.

xii ‘Foreword from Kate Brown, CPS lead for domestic abuse’, (CPS.gov.uk) <https://www.cps.gov.uk/crime-info/domestic-abuse> accessed 5 June 2021.

xiii The Domestic Abuse Act 2021 (c. 17), s. 80.

xiv Monidipa Fouzder, ‘GPs ‘charging over £150’ for domestic abuse letters’, (The Law Gazette, 6 January 2021) <https://www.lawgazette.co.uk/news/gps-charging-over-150-for-domestic-abuse-letters-/5106904.article> accessed 7 June 2021.

Image credit: ‘Women’s March, January 21 2017, Chicago’ by Jonathan Eyler-Werve, Creative Commons

Disclaimer: The BPP Human Rights blog, and all pieces posted on the blog, are written and edited exclusively by the student body. No publication or opinion contained within is representative of the values or beliefs held by BPP University or the Apollo Education Group. The views expressed are solely that of the author and are in no way supported or endorsed by BPP University, The Apollo Education Group or any members of staff.

The Global Pandemic and Domestic Violence

Isabella Da Re assesses the human rights implications of the UK government’s response to a surge in the reporting of domestic violence during “lockdown”.

With the global pandemic raging globally, some of the hidden victims of this phenomenon are those trapped at home with their abusers; namely, the victims of domestic violence, whose lives are characterised by the infringement of their basic human rights.

So, what is domestic violence? The Istanbul Convention was drafted to specifically tackle the issue of domestic violence in Europe and defines it as ‘acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim’.[1] Mirroring this, the Domestic Violence Bill 2020 proposes a statutory definition of domestic violence in UK law, which is twofold; it addresses the meaning of abuse along with the relationship between victim and perpetrator.[2] The notion of coercive control is at the heart of the domestic violence definitions. Evan Stark explains that this is a behavioural pattern which seeks to limit the victim’s liberties, freedoms and self, thus going beyond the bodily harm by violating their human rights.[3]