Legal loopholes aside, experts and activists blame social reasons behind rapes in Bangladesh

Besides loopholes in the law, a number of societal causes have been responsible for the escalating number of rape cases in Bangladesh, woman rights activists and criminologists say.

Weaknesses in the social structure and a culture of impunity must be dealt with to stop rape and sexual violence against women, they say. 

A tardy and vague criminal justice system is another reason behind the rise in the number of rape cases, according to the legal experts.

Amid the coronavirus pandemic, protests broke out in Dhaka's Shahbagh and other parts of the country over sexual assaults on a woman in Noakhali and the rape of another woman in Sylhet's MC College recently.

The government later amended the law to introduce capital punishment for rape.

Is the death penalty enough to curb rape? Experts ask.

RAPE CASES DOUBLED IN A YEAR

Rape cases nearly doubled to 1,413 in 2019 from a year earlier, according to Ain o Salish Kendra or ASK, a civil rights and legal aid organisation.

A protester holds a placard at a rally organised under the banner of "Bangladesh Against Rape and Torture" in Dhaka's Shahbagh on Oct 9, 2020. Photo: Mahmud Zaman Ovi

The numbers, however, do not five the full picture, insist the experts as many rape cases go unreported.

For example, the victim in Noakhali, who was stripped naked, beaten and filmed with the video of the torture going viral on social media, said she had been subjected to rape earlier, but could never muster the courage to seek justice.

Cases were filed over 719 out of the 975 incidents of rape logged by the ASK until September this year.

'A WEAK STATE AND SOCIETY'

The sociologists and criminologists blamed the institutional weakness of the state and society for the increase in rape cases in recent times.

"The people with criminal instincts exploit the weaknesses, and this attitude is encouraging them to rape," said Professor Zia Rahman, the chairman of Dhaka University’s criminology department.

"The institutional appeal of society is becoming obsolete - the institutions like family, neighbours, area-based organisations that taught us to exercise restraint, to have humanitarian values," he explained.

A protester holds a placard at a rally organised under the banner of "Bangladesh Against Rape and Torture" in Dhaka's Shahbagh on Oct 9, 2020. Photo: Mahmud Zaman Ovi

He blamed “so-called social changes” and technological advancements for destroying the social bonding. “This has also happened in Western society. These are making us reckless when our social norms are being destroyed.”

Prof Rahman explained the unstable social situation by referencing to the theory of American social scientist William Ogburn.

According to Ogburn, 'cultural lag' is a common societal phenomenon due to the tendency of material culture to evolve and change rapidly and voluminously, while non-material culture tends to resist change and remain fixed for a far more extended period, Prof Rahman said.

"We accept the new technology easily but not the non-material cultural factors like ideologies, values, and morality.

“Therefore, we don't know how much and how to use the technology or material culture. We become reckless and the crimes escalate in society. Due to the easy access to technology, narcotics and pornography, a man wants to satisfy his sexual desires recklessly, resulting in a rise in crimes, especially rape cases."

Prof Rahman also pointed the finger at patriarchal, feudal and colonial ideas in the structure of the justice system - the police, court, prosecution and prison.

These institutions tend to serve the powerful, not the ordinary people or the victims, he said.

“The state never takes the initiatives needed in a modern society to provide support to a victim."

The social perspectives about women also increase the trend of violence against them, believes Maleka Banu, the general secretary of Bangladesh Mahila Parishad.

A group of women took out a bicycle procession from Shahbagh to Manik Miah Avenue in Dhaka on Oct 15, 2020 urging citizens to speak up against rape and violence against women. Photo: Asif Mahmud Ove

"The rape victim is blamed in our society; her conduct is always blamed. Religious programmes sometimes disseminate ideas degrading women," she told bdnews24.com.

"In fact, our people are not growing up with family values. The youth power is being used only to fulfil the political agendas. These issues should be highlighted with importance. Only drafting a law cannot end rape,” she said.

The fundamental problem of the trial system is that the administration, especially the police, is not allowed to work independently and is rather used to serve the interests of political parties, said Prof Kazi Mahfuzul Haque Supon of the Dhaka University’s law department.He also believes a rise in drug abuse has caused the increase in gang-rapes.

"Gang-rape has a connection with drugs, especially psychedelic drugs. We couldn't control the drug menace and it resulted in increasing the number of gang-rapes," he said.

"Many drugs we have heard about, including yaba, are aphrodisiac drugs. Many times I saw that the rapist was addicted to yaba."

‘JUSTICE DELAYED JUSTICE DENIED'

The Women and Children Repression (Prevention) Act has failed to leave an impact on society because of the time-consuming trial process of rape cases, believes Maleka Banu.

She also noted that the criminals patronised by politically influential persons get bail quickly, which is making the perpetrators reckless.

Quick and transparent trial of the rape and other cases of violence against women will lead to a downtrend in the crime, believes Justice Nazmun Ara Sultana, the first woman in Bangladesh to serve in the Appellate Division on the Supreme Court.

"The trial should be done quickly and properly. It cannot be halted," she told bdnews24.com.

'CAPITAL PUNISHMENT NOT ENOUGH'

Legal experts are not sure the maximum punishment for rape to death will help to curb the crime, as expected by the government high-ups and a section of protesters.

"To some extent, the perpetrators will be afraid of the introduction of capital punishment for rape. We should keep in mind that a rapist does not think about the consequences while committing the crime,” Justice Nazmun Ara said.

The legal structure in the country must be overhauled to resolve the issue, said Prof Mahfuzul.

File Photo

"We are trying to stitch out some patches by introducing the death sentence. Global statistics show that capital punishment has never curbed crimes in any country. Introducing capital punishment may reduce the number of rape cases a little, but it can't be the only solution," he said.

Many believe rapists may tend to kill the victim to remove all signs of their crime to avoid the gallows, the Dhaka University teacher said.

He highlighted the importance of the DNA test in rape cases.

“A suspect cannot be given capital punishment without a DNA test," he said.

[Additional reporting by Senior Correspondent Mortuza Haider Liton]