RAPE remains largely unchecked, despite growing media coverage, because conviction rates stay alarmingly low. Most survivors never make it to court, and those who do often face intimidation, especially when the perpetrator is well-connected, which forces many to drop the case. Even when legal action is taken, including investigations and trials, convictions are rare. Most survivors are effectively blocked from getting justice, due not only to societal bias but also to flawed laws and how they鈥檙e enforced. It鈥檚 a vicious cycle where survivors are silenced, offenders go unpunished, and a toxic culture of impunity persists.
The victim often acts as a prosecution witness, providing testimony about the crime. Victim鈥檚 testimony in rape and sexual assault cases is afforded the same credibility as in other types of criminal cases, and a victim鈥檚 sworn statement can be sufficient to prove the facts alleged at trial, even without additional physical or forensic evidence. Therefore, ensuring the protection and privacy of victims throughout the legal process is crucial to enable them to provide their testimony without fear, trauma, or intimidation.
According to section 14 of the Prevention and Suppression of Human Trafficking Act 2012, if any person threatens, intimidates, or uses force against the victims of trafficking or witnesses of any proceedings or any member of his family and thereby obstructs the investigation or trial of any case initiated under this Act, they shall be punished with rigorous imprisonment for a term not exceeding seven years but not less than three years and with a fine. As per the Nari O Shishu Nirjaton Daman Ain 2000, section 20(6) permits in-camera proceedings to preserve the privacy of both rape victims and witnesses. Section 20(4) imposes upon the court a duty to consider what is in the victim鈥檚 best interest when deciding custody issues. Section 22 ensures the victim鈥檚 statement is formally taken down by a judicial magistrate. Section 31 also establishes that victims should be securely housed in a safe home to guarantee their protection. The Law Commission has submitted two key reports to the law ministry regarding the protection of witnesses and victims. The first report, titled 鈥楩inal Report on a Proposed Law Relating to Protection of Victims and Witnesses of Crimes Involving Grave Offences鈥� (Report No. 74), was submitted in 2006. The second report followed in 2011 (Report No. 108). In the initial report, the Commission presented a draft law aimed at safeguarding witnesses and victims. This proposed legislation addresses the critical needs of these vulnerable groups and emphasises the importance of physical, psychological, and economic comprehensive support mechanisms. Although the Law Ministry drafted the Witness Protection Act in 2011 following the Commission鈥檚 recommendations, no unified witness protection law or judicial mechanism has been fully enacted to date. So, victim protection has been addressed alongside witness protection through various scattered provisions. However, there is an absence of any specific law dedicated solely to the protection of victims.
In BNWLA v Government of Bangladesh (Writ Petition No. 8769 of 2010), it was said that 鈥榯he government shall take immediate steps to enact a law for the introduction of a witness and victim protection system for the effective protection of victims and witnesses of sexual harassment as well as the people who come forward to resist sexual harassment.鈥� Still, there is not any specific victim protection law in Bangladesh. Although Article 35 of the Constitution assures the right of the accused to a speedy and public trial by an independent and impartial court or tribunal established by law and also gives protection from any torture or cruel, inhuman, or degrading punishment or treatment, no provision assures any protection of the victim, especially during the period of court proceedings.
Section 503 and section 506 of the Penal Code, 1860, generally talk about criminal intimidation and its punishment: if someone threatens another person with harm to their body, reputation, or property (or to someone they are interested in) to scare them or force them to do or not do something they are not legally required to, that person is committing criminal intimidation, and the punishment for this can be up to two years鈥� imprisonment or a fine or both. But there is no particular provision addressing criminal intimidation against the victim and its punishment.
A victim protection law has not only become important but also a necessity, especially when it comes to giving protection to rape survivors. Without legal protections, a victim becomes more exposed to threats, harassment, and any kind of criminal intimidation, creating a scope of re-victimisation. This lack of security discourages victims from cooperating fully and deters witnesses from testifying, weakening the case against the accused. The legislation will ensure protection after the disposition in the court and help them seek justice without any fear.
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听Hafsa Sadia is a law student of Bangladesh University of Professionals.
