New law passed in Bangladesh

[Locke]

6-month jail for offenders

Parliament yesterday passed a bill making strong provisions to protect women and children from family violence and repression.

The legislation styled 'Family Violence (prevention and protection) Act 2010' authorises the court to hold trial in camera on consensus of both parties to dispose of cases filed under this law.

“A person might be punished with up to six month's jail term and a fine of maximum Tk 10,000 or both for committing offence,” says a provision of the bill.

It also says a person, filing false case with ill motives, will face up to one-year jail term and a fine of maximum Tk 50,000 or both.

According to the legislation, family violence means physical and mental torture, sexual harassment and financial loss caused by a person who has family relation with the victim -- woman or child.

Interfering in personal freedom, hampering normal movement, communication or expression of personal will or opinion would be considered as mental harassment.

State Minister for Women and Children Affairs, Shirin Sharmin Chowdhury proposed to pass the bill.

Defending the enactment of the legislation, the state minister said in most cases women are being subjected to physical and mental harassment in houses, which ultimately causes severe damages to their physical and mental health.

“Therefore it is imperative to build social awareness by enacting the law to prevent family violence,” she said.

Source: http://www.thedailystar.net/newDesig...php?nid=157362

[bujhee kom]

Excellent news! A very important and long-due law finally passed. Very grateful for this move and this is a start for a better society and nation. Alhamdulillah! Long live Bangladesh!

[Akib]

I am assuming that is a minimum 6 month term, with severe cases getting longer sentences?

This is great news though

[Locke]

But I'm surprised that the law considers that 'expressing a personal opinion' as a crime. Don't you think that this law will be misused for filing false cases in order to harass people? And I was surprised to see that, while the women's rights movement loudly denounces discrimination against women, are perfectly happy to pass laws that discriminate against men.

[mona]

Originally Posted by Locke
But I'm surprised that the law considers that 'expressing a personal opinion' as a crime. Don't you think that this law will be misused for filing false cases in order to harass people? And I was surprised to see that, while the women's rights movement loudly denounces discrimination against women, are perfectly happy to pass laws that discriminate against men.

I think it's "interfering with the expression of personal opinion" that's the crime. I don't see any laws taking away the rights of men, unless you count their 'right' to abuse women and children.

As for being misused, you can see that the penalty for unlawful filing of a case is harsher than the original crime.

[AsifTheManRahman]

Laws are meant to be broken and in Bangladesh, where a law is a mere scratch on a piece of paper, breakages are meant to go unpunished.

[auntu]

Originally Posted by AsifTheManRahman
Laws are meant to be broken and in Bangladesh, where a law is a mere scratch on a piece of paper, breakages are meant to go unpunished.

Ah! Ray of light.

[Locke]

Originally Posted by mona
I think it's "interfering with the expression of personal opinion" that's the crime. I don't see any laws taking away the rights of men, unless you count their 'right' to abuse women and children.

As for being misused, you can see that the penalty for unlawful filing of a case is harsher than the original crime.

That is the interesting thing. To me this seems to be a very badly written law. No properly written law has a way to deal with false cases being filed against people. To me, the very fact that such a provision exists suggests to me that people believe, and even expect, that it will be misused. And in fact, I've read in the newspapers that misuse of other laws like the Women And Children Repression Act are misused often. I recall even (Advocate) Sahara Begum mentioning it some months ago.

I know that people are very sensitive about this topic(with good reason), and anyone arguing against it runs the risk of being accused as a wife-beater/woman-hater/oppressor of women.(That's why I would never have this conversation in real life, under my real name) I just wish that since all citizens are equal, they should all be equal before law, without any discrimination. There was no reason to leave out men from this law. Even if there is only 100 men in the entire country who are abused(by their wives/in-laws), they shouldn't be left out without protection.

I apologize if I have offended anyone.

[bujhee kom]

^^Dear Locke bhai, I completely agree with you, I admire and appreciate your way of clear and clean thinking.

[_Rafi_]

Originally Posted by Locke
But I'm surprised that the law considers that 'expressing a personal opinion' as a crime.

where did you find that?
I think forcing personal opinion against the will of women and children will be a crime.

[_Rafi_]

Originally Posted by Locke
That is the interesting thing. To me this seems to be a very badly written law. No properly written law has a way to deal with false cases being filed against people. To me, the very fact that such a provision exists suggests to me that people believe, and even expect, that it will be misused. And in fact, I've read in the newspapers that misuse of other laws like the Women And Children Repression Act are misused often. I recall even (Advocate) Sahara Begum mentioning it some months ago.

I know that people are very sensitive about this topic(with good reason), and anyone arguing against it runs the risk of being accused as a wife-beater/woman-hater/oppressor of women.(That's why I would never have this conversation in real life, under my real name) I just wish that since all citizens are equal, they should all be equal before law, without any discrimination. There was no reason to leave out men from this law. Even if there is only 100 men in the entire country who are abused(by their wives/in-laws), they shouldn't be left out without protection.

I apologize if I have offended anyone.

there are many laws in BD which provide punishment for filing false cases, not only these two laws. Filing false cases is a offence itself and its not negativity to specify it in any law.
Btw I am agree with you on second part. The act's jurisdiction should have been included men's as the domestic violence victim. Or otherwise they should have named it "family violence against women and children prevention and protection act". Even it could have been included in Nari nirjato domon ain.

[FagunerAgun]

Originally Posted by AsifTheManRahman
Laws are meant to be broken and in Bangladesh, where a law is a mere scratch on a piece of paper, breakages are meant to go unpunished.

Yap, laws are there as usual, but application and enforcement are very weak because administration is full of incompetents, greedy and corrupt ones, thus law breaches go unpunished.

[FagunerAgun]

Locke, this is a nice thread and you did a wonderful job.

[mona]

Originally Posted by Locke
That is the interesting thing. To me this seems to be a very badly written law. No properly written law has a way to deal with false cases being filed against people. To me, the very fact that such a provision exists suggests to me that people believe, and even expect, that it will be misused. And in fact, I've read in the newspapers that misuse of other laws like the Women And Children Repression Act are misused often. I recall even (Advocate) Sahara Begum mentioning it some months ago.

I know that people are very sensitive about this topic(with good reason), and anyone arguing against it runs the risk of being accused as a wife-beater/woman-hater/oppressor of women.(That's why I would never have this conversation in real life, under my real name) I just wish that since all citizens are equal, they should all be equal before law, without any discrimination. There was no reason to leave out men from this law. Even if there is only 100 men in the entire country who are abused(by their wives/in-laws), they shouldn't be left out without protection.

I apologize if I have offended anyone.

No, you're absolutely right. Actually, I initially thought the act did include men as victims because it was merely called the 'Family Violence Act'. I would hope though, that there is some kind of general law out there that (at least tries) to protect the rights of any individual who might be prevented from exercising their free will.

However, I don't see anything particularly wrong about creating a separate, and stronger, law for women and children because the fact remains that they are the most vulnerable and the most affected by abuse. Women and children are more easily abused because of their positions of dependancy and relative inability to help themselves. Men on the other hand, aren't exactly abused or oppressed because they happen to be men, but most likely simply because of horrible family members (of course exceptions occur in every situation). In most cases though, they are fully-functioning, adult males with the ability at least to extricate themselves from situations that may get out of hand (even if they may not choose to for whatever reason). Something, in a society like that in Bangladesh, which is not really feasible for the majority of women. Even though all citizens are equal, some need more protection than others and I think women are more on the level of children than of men with regards to this issue. I apologise if the above makes no sense, my brain has officially turned off after too much studying and not enough sleep.

Oh and I have no idea about how laws are written and what constitutes a well-written one, but it wouldn't surprise me if any law could be misused in Bangladesh. However, if this law can act as a deterrent to even 100 cases of domestic violence in the entire country, it might be well worth it. Though maybe not, it could be just another publicity stunt (Australian politicians make you cynical).

[BANFAN]

Good.. We have all the good laws inherited.

Our problem is implementation of law. Where police & justice can be purchased by money & power, no law is sufficient. We need harsher laws/bodies to deter influence of money & power and corruption in law enforcement.