Compensation for rape survivors, When will it be a priority for the law ministry?
It is unfortunate that 14 years
since Bangladesh Law Commission drafted the "Crime Victim Compensation Act
2007" to address, among other things, the pressing issue of rape victims'
need for compensation, there has been little progress in enacting it. The draft
requires every district to institute a state fund and a committee to oversee
the process of compensation for victims of violent crimes, including rape.
According to the law minister, the draft is still being "examined by
officials at the legislative division," which begs the question: how much
longer does the ministry require to appraise a draft law? Regrettably, the
ministry does not seem to have an answer to the question. But one can surmise
from their lacklustre response that the issue of compensation for SGBV (sexual
and gender-based violence) survivors has thus far not been considered a
priority.
We urge the ministry to look
into the matter urgently. Justice for sexual violence requires not just
prosecution of perpetrators, but also redress for survivors, according to the
Committee on the Elimination of All Forms of Discrimination Against Women
(CEDAW), to which Bangladeshi is a signatory. Under the Women and Children
Repression Act 2020, the perpetrators can be fined between Tk 10,000 and Tk 1
lakh. Not only is this amount woefully inadequate, but it goes directly to the
state. As compensation is not mandatory, the court hardly ever orders the fined
amount to be awarded to rape victims and their families. A 2020 study by
Bangladesh Legal Aid and Services Trust (BLAST) of 44 reported rape cases filed
under the law between 2000 and 2019, found that the court ordered the amount of
the fine to be converted into compensation for the victims in only three cases.
The convictions in two of those cases were later overturned by the High Court.
It is difficult, if not
impossible, for an overwhelming majority of rape survivors in the country to
pursue long and expensive court proceedings without state support. Many end up
spending their life's savings or whatever little property they have to fight
cases, and very few have the means to access the medical or psychological
support they desperately need.
It is the responsibility of the
state to ensure redress through compensation for survivors of sexual violence.
It is high time we prioritised the issue and involved relevant stakeholders in
finalising a law that is just and survivor-friendly. There needs to be specific
guidelines on the eligibility criterion and the process of disbursing/receiving
compensation, and the state needs to ensure that the survivors can access said
compensation without further harassment or bureaucratic hurdles.
Source: Daily Star