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COMBATING DOMESTIC VIOLENCE IN BANGLADESH: A REVIEW OF THE DOMESTIC VIOLENCE (PREVENTION AND PROTECTION)

ACT, 2010

*Md. Sefat Ullah **Mst. Meske Jannat Ripa

ABSTRACT

Domestic violence against women is almost a common phenomenon all over the world including Bangladesh. Since its inception Bangladesh has been fighting through various legal tools, particularly enacting preventive legislations. We are party to UDHR, ICCPR, ICESCR, more particularly CEDAW and DEVAW and thus committed to protect women rights, especially from domestic violence. Such a commitment has been reflected in its religious custom, constitutional law and other enactments like Penal Code, Dowry Prohibition Act, the Nari O Shishu Nirjatan Daman Ain, MFLO and the Family Courts Ordinance. In compliance of the interna-tional and constitutional obligations, the Domestic Violence (Protection and Preven-tion) Act was passed in 2010 with an objective to protect and prevent domestic violence against women. It is the first Act which criminalizes the domestic violence and incorporates protective and preventive measures thereof. However, for the limitation in application and enforcement, this Act is yet to fulfill its core objectives. In this paper, attempts have been made to identify the factors hindering the proper implementation of this enactment and indicators to subdue the stalemate of this Act. In the absence of special court for trying such offences or offences related to domestic violence, we cannot hope that traditional delivery system of justice would be able to cater the need of society at large and to uphold the dignity and legitimate right of better gender. The authors endeavor to delve into the gravity of domestic offences and come up with some effective and acceptable legal, social and economic remedies to those underlined legal issues.

Key words: Domestic Violence, Women’s Protection, Women’s Right, CEDAW, The Domes-tic Violence Act, 2010.

1. INTRODUCTION

Violence against women is a manifestation of historically unequal power relations and distribution of wealth between men and women, which have led to domination over and discrimination against women by men and to the prevention

* Lecturer & Program Coordinator, Department of Law, Green University of Bangladesh.** Senior Lecturer, Department of Law, Green University of Bangladesh.

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Green University Review of Social Sciences, Volume 02, Issue 02, December-2015

of the full advancement of women.1 Whenever the same violence occurs in domestic periphery or within family relationships it is known as domestic violence. Although violence against women in domestic context is not a recent phenomenon, domestic violence has not been acknowledged until very recently. For a very long time we refused to recognize domestic violence as offence, women had to endure the pain silently.2 The sufferings are expected to be more severe in Bangladesh where majori-ty of women are reported to suffer some form of domestic violence. Eventually, rural women are worse victim of domestic violence than urban women for higher degree of their vulnerability, illiteracy and unemployment.3

The violence against women has been repeatedly addressed since inception of human rights documents like UDHR, ICCPR, and ICESCR in the name of gender equality and protection of basic rights of women. CEDAW followed by DEVAW, General Recommendation No.19 of and Optional Protocol to CEDAW specifically address domestic violence against women and impose on the state parties to make effective policy and legislation to curb such violence.

The Constitution of Bangladesh in its original version, keeping the promise given in the Proclamation of Independence,4 embodied the women equality with men and their protection against all violence and discrimination. Moreover, the protection guarded against domestic violence in Penal Code, 1960 being insufficient and being obliged by the international legal instruments, the Dowry Prohibition Act, 1980 and the Nari O Shishu Nirjatan Daman Ain, 2000 were enacted, both of which could not satisfy the obligation. Ultimately, to combat domestic violence, the Domestic Violence (Prevention and Protection) Act, 2010 (DVA) was enacted for the prevention and protection of women from the undesirable violence.

This Act of 2010 provides a series of injunctive mechanisms to prevent domestic violence. The provisions of enforcement officer and other service provid-ers might be useful aid for the victim’s remedy. Unfortunately, this legislation could not have been effective means for curbing domestic violence due to its limited appli-cation and implementation procedures whereas no specialized court and punish-ment for perpetrators has been prescribed for domestic violence. The limitations must be addressed properly to achieve the aims and objectives of this legislation and to ensure the ultimate safety of women against all kinds of violence specifically domestic violence.

In this backdrop, the authors will examine how women can be protected from domestic violence in accordance with various international human rights instruments. It will also be scrutinized how these instruments impose obligation on

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Combating Domestic Violence in Bangladesh: A Review of the Domestic Violence (Prevention and Protection) Act, 2010

the state party to legislate anti-domestic violence laws. It would further be reviewed how this legislative obligation has been complied within our national laws.

Some of the research questions that are relevant here might be as follows, what are the state of domestic violence against women in Bangladesh? How do International Human Rights documents mandate Bangladesh to legislate or update its legislation on domestic violence? What are the inbuilt difficulties of existing relevant laws, which need to be pursued as specialized legislation? In comparison with similar legislations in other developing countries, to what extent the Act of 2010 meets its aims and objectives? How effectively do the definitions clauses, enforcement mechanisms and other provisions serve the aim and purpose of the Act? While answering these questions, the authors would suggest some recommen-dations and remedies to make the Act genuinely fruitful and effective in curbing domestic violence.

1. DOMESTIC VIOLENCE IN BANGLADESH

1.1. Meaning of Domestic Violence

Violence is "the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, mal-development, or deprivation".5

Domestic Violence against women shall be understood to encompass but not be limited to physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dow-ry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploita-tion.6

Domestic violence occurs when one person tries to coerce or control another person in a family-like or domestic relationship. Domestic violence involves an abuse of power and can take the form of physical abuse, sexual abuse, emotional or psychological abuse, verbal abuse, stalking and intimidation, social and geographic isolation, financial abuse,7 cruelty to pets, or damage to property or threats to be violent in these ways.8 These all contribute to the exploitation, deprivation and oppression of women in Bangladesh, and are violations of the fundamental Human Rights.9

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1.2. Types of Domestic Violence

There are different types of domestic abuse, including emotional, psycho-logical, physical, sexual and financial abuse. Many abusers behave in ways that include more than one type of domestic violence, and the boundaries between some of these behaviors are often quite blurred.10

‘Honour' based violence (HBV) is a form of domestic abuse which is perpe-trated in the name of so called ‘honour'. The honour code which it refers to is set at the discretion of male relatives and women who do not abide by the ‘rules' are then punished for bringing shame on the family.

Forced marriage,11 female genital mutilation (FGM),12 elder abuse, teen ‘dating’ abuse,13 stalking,14 domestic abuse during pregnancy are most common incidences of domestic violence. Sexual harassment of the women in the workplace by their employers or colleagues abusing their authority to seek sexual favor is also a common scenario in our country.15

However, in a recent study by Centre for Policy Dialogue in 2009, it has been observed that mainly four types of domestic violence, i.e. physical, psychologi-cal, economic and sexual abuse and violence are prevalent throughout Bangladesh. Most of the victims (93 percent) reported in the study that they had experienced physical violence; only 13 percent reported of having experience of sexual violence, 91 percent are victims of economic violence and 84 percent reported as victim of psychological violence committed by their husbands.16

1.3. Domestic Violence Cases in 2014 and 2015

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Pie Chart-A Pie Chart-B


Column- A

Source: Comparative picture portrayed by BNWLA extracted from popular 14 newspapers.17

Out of the three diagrams, in Pie Chart A and B the violence against women in 2014 and 2015 respectively has been shown proportionately to the particular types of violence. However, in column A, a comparative data of individual violence committed in 2014 and 2015 have been shown in number.

Pie Chart- A and B reflect that out of violence cases, the family violence, maid violence and dowry violence have taken major portion (1420 out of 2560 cases in 2014 and 1436 out of 1864 cases in 2015) and these are presumed as pure domes-tic violence. In column A, it is observed that the sexual harassment case increased up to 24%, family torture reduced to 1%, dowry violence increased up to 28%, maid violence reduced to 56% in 2015 compared to those of 2014. So, though family torture and maid torture is on the fall, the dowry violence is on the rise.

1.4. Major Causes of Domestic Violence in Bangladesh

Domestic violence against women by men is caused by the misuse of power and control within a context of male privilege. Male privilege operates on an individual and societal level to maintain a situation of male dominance.

Bhuiya et al18 reported that the most frequently mentioned reasons for verbal abuse included wife’s questioning of the husband on day to day affairs (29.1%) followed by failure of the wife to perform household work satisfactorily (17.6%), economic hardship of the family (11.5%), failure of the wife to take proper care of the children (10%), not wearing the veil or conforming to other expected behavior (5.5%), inability to bring money from the natal home (3%), not taking good care of in-laws and relatives (2%).

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Women are even violated by the husband and in-laws if she does not give birth to a child or gives birth to a female child. In this stage, she usually faces humili-ation, verbal abuse, mental or physical torture, force to conceive again and again until a male child is born, or husband divorces her or marries again.

Fear for sufferings of children for leaving them to the husband in the face of violence, lack of place to go, place at paternal home being lost at the time of marriage and social stigma to broken marriage are some of the factors which are termed by Bhuyia et al (2003) as interplay of economic and cultural factors in perpetuating violence against women. Moreover, in Bangladesh, through the gender socialization, women come to see dependence and deprivation relative to male family members as natural, a logic that encourages them to accept the violent behavior against them.20

Unequal property right of women may also result in indiscrimination and exploitation in nearly all aspects of life which is legitimized and reinforced by the existing socioeconomic system and increases women’s powerlessness and vulnera-bility to the male member of the family which causes domestic violence for lifelong.21

The rest of the reasons included supporting the natal home, failure to have children, having too many children, dark complexion of children, family feud between the husband’s family and natal family and suspected relation with others. Similarly, the most frequently mentioned reasons for physical abuse included ques-tioning of the husband (29.9%), failure to perform household work satisfactorily (18.8%), economic problems (9.4%), failure to take care of children properly (5.1%), stealing (3.4%), refusal to bring dowry from natal home (2.6%).22

2. INTERNATIONAL LEGAL INSTRUMENTS INCORPORATED IN BANGLA-DESH

Bangladesh endeavors to be party to all international Human rights treaty and always raises its voice in different rights’ issue specially rights of vulnerable part of the community. It is noteworthy that Bangladesh is a signatory state of and ratified almost all international treaties and relating violence against women such as UDHR, ICESCR, ICCPR, CEDAW, DEVAW and Optional Protocol to CEDAW. Besides Bangladesh being the member state of United Nations, it is obliged by all decisions taken by UN.

Bangladesh acceded ICESCR on 5 October 1998 along with a declaration of non-ratification of some articles including Art.1 (right of self-determination), Art. 2

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(state obligations to guarantee the rights enunciated in the Covenant), Art.3 (equali-ty of men and women), Art.10 (right to family and protection of mother and child) and Art.13 (the right to education) and ICCPR on 6 September 2000 without ratify-ing some articles. Moreover, First and second optional protocols are yet to be ratified.23

The most prominent advancement in combating domestic violence is the accession of CEDAW on 6 November 1984 keeping reservation to Art.2 (principle of non-discrimination and elimination of discrimination against women) and Art.16 (1) (c) (elimination of discrimination against women in all matters relating to marriage and family relations, in particular the same rights and responsibilities during marriage and its dissolution). Furthermore, Bangladesh ratified Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, 1999 on 6 September 2000 excepting Article 10 (1) (Regarding obligations under Articles 8 and 9 of the Optional Protocol – inquiry procedure). Later on 5 October 1998, Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, 1962 was acceded to end forced marriage and child marriage.

The ratification of almost all international conventions, treaties and docu-ments relating to protection and prevention of domestic violence against women may be noted as affirmative steps to stop and eradicate the domestic violence against women. However, the omission to ratify particular provision by declaration and keeping reservation to some other restrict or discourages the state legislature to enact strict and effective laws regarding protection and prevention of domestic violence against women.

3. LEGISLATIVE FRAMEWORK BEFORE THE DOMESTIC VIOLENCE ACT, 2010

3.1. Religious Injunctions

Despite its geographically small size, Bangladesh is now the third-largest Muslim country of the world. The Shariah law at present being enforceable only in family matters,24 the Shariah principles and injunctions have great relevancy to legal and moral values related to domestic violence against women. Islam considers a woman as an individual natural personality not as a parasite. Under no circum-stances violence against women is encouraged or allowed in Islam. The relationship should be one of mutual love, respect and kindness.25

There are several verses that specify a woman as a precious and unique human being as a mother and specifically enjoin kindness to women.26 The follow

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ing verses make it clear that the relationship between men and women cannot be based on any cruelty but rather caring. Some verses, where Allah calls men and women "protecting friends of one another," refer to the mandated atmosphere of mutual love, kindness and mercy in the marital relationship.27 The Holy Quran states-

"And among His signs is this: He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your (hearts): Verily in that are signs for those who reflect."28

The Quranic says- “Allah commands justice, the doing of good, and liberali-ty to kith and kin, and He forbids all shameful deeds, and injustice and rebellion: God instructs you, that ye may receive admonition”29 However, in many interpreta-tions of one verse the holy Quran that apparently allows husband to hurt wife in a different manner, which is not allowed on many other numerous occasions. This verse states:

“Men are the maintainers of women because Allah has made some of them to excel others and because they spend out their property; the good women are therefore obedient, guarding the unseen as Allah has guarded, and (as to) those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and ‘hurt’ them; then if they obey you, do not seek a way against them; surely Allah is High, Great.”30

Whatever ways we like to explain this means that cannot be tantamount to wife beating as we have been observing today to understand our entire socio-politi-cal context, we need to maintain here is that.

The status of women in Islam is complicated by the fact that scholarly interpreta-tion of the Qur’an may have been subject to the biases of those who stood to benefit by a society that favored their gender. Women played no part in interpretation of the Qur’an, and their absence “has been mistakenly equated with voicelessness in the text itself.”31

However, Hindu personal law also discriminates against women. It recog-nizes polygamy for men, and contains significant barriers for women accessing maintenance payments. Hindu women can seek judicial separation, but the law in Bangladesh does not recognize divorce. “For over a century Hindu laws have trapped women in marriages – some of them violent – without allowing for divorce and economic protection,” said Nina Goswami, senior deputy director at

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Ain-o-Shalish Kendra, a Bangladeshi human rights organization, “It is time our lawmakers changed these colonial-era laws and protected Hindu women”. We can blame our forefathers’ Hindu traditions or colonial legislation but cannot escape from our own responsibility to reform our legal system.

3.2. The Constitution of Bangladesh

Bangladeshi women have been struggling their rights in family, society and in the state. The history of Bangladesh speaks that in any type of revolution or in constructive change, both men and women worked hand by hand. They put equal contribution in all these movements. We know that in the liberation war of Bangla-desh, the contribution of the women directly or indirectly is memorable.32

The constitution of Bangladesh has played a strong role in preventing violence against the women by enunciating the equality clause and forbids a classi-fication on arbitrary or unreasonable grounds.33 It further provides non-discrimina-tion clause on the ground of only religion, race, caste, sex etc.34 State obligation has been set to ensure the women’s participation in all spheres and equality of opportu-nity to all citizens including women.35 To protect women from domestic violence their right to protection of law, life and liberty, protection against forced labor and right to property have been guaranteed in part III of the constitution.36 Compulsory education, employment without discrimination, freedom of speech, freedom of good thought and good conscience are provided to secure the social and familial rights of the women.37

Though there is no direct provision regarding violence against women in our constitution, the fundamental rights of equality before law and equal protection of law as well as treatment in accordance with law shall be interpreted to include provision for protecting women from violence of any kind. The Supreme Court of India in Vishaka v. Rajastahan38 held that women have right to gender equality which includes protection from sexual harassment and each incident of sexual harassment is a violation the right to gender equality. In Bangladesh National Women Lawyers Association V. Bangladesh,39 it was held that fundamental rights in chapter III are sufficient to embrace all element of gender equality including sexual harassment or abuse of women.

4.3. The Penal Code, 1860: Relevant Issues

The Penal code, 1860 codified all existing penal laws in a single document with a view to suppressing all types of offence and violence. However, provision against domestic violence gets prime importance. The Code provides greater

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punishment for miscarriage with or without consent,40 assault or criminal force to women to outrage her modesty, selling the minor girl for the purpose of prostitution and slavery and force labor.41 It addresses offences with detailed description and punishment for non-marital rape with or without consent and marital rape.42 Further, it criminalizes the fraudulent cohabitation in guise of marriage, marriage in existence of another marriage, concealment of earlier marriage, adultery, detaining a married woman with criminal intent and eve teasing.43 Besides, the voluntary hurt grievous hurt with or without deadly weapon or corrosive substance are made punishable up to the highest punishment.44

However, though there are some specific provisions for the protections of women, most of the provisions do not address the domestic violence against women specifically. Moreover, most of the provisions of the penal code are gender biased providing a provision “he includes she”.45 Unfortunately, offences like dowry and offences affecting psychological and moral health or reputation have not been addressed in Penal Code.

4.4. Protection under Family Laws

The domestic violence against woman being familial nature, it is better to address it under family laws. The family laws in Bangladesh though civil in nature, the remedies provided therein are not effective enough to minimize or eradicate domestic violence against women.

The Child Marriage Restraint Act, 1929 penalizes the child marriage.46 The Dissolution of Muslim Marriage Act, 1939 is first law which allows women to apply for divorce due to many reasons including failure of husband to maintain her and cruelty.47 Drastic developments were brought in the Muslim Family Laws Ordi-nance, 1961 (MFLO) which provides the provision against polygamy without permission, divorce without intervention of arbitration council and non-payment of maintenance etc.48

The Family Courts Ordinance, 1985 is called a complete code of family matters in case of dissolution of marriage, dower, maintenance, restitution of conju-gal rights and guardianship to be triable exclusively in family court.49 It provides a separate and women friendly set of rules to protect woman from the severity of domestic violence. To avoid bitterness in family relationship, the provisions of conciliation50 and arbitration51 are frequently emphasized in both the Family Courts Ordinance and MFLO.

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However, though family laws address the domestic disputes, almost all the matters are matter of civil nature as tried by Assistant Judge Court naming family court; most of the cases known as domestic violence are of criminal nature. So, the family laws cannot afford proper protection of women against domestic violence.

4.5. The Dowry Prohibition Act, 1980

Of various types of domestic violence, dowry death or beating for dowry is the most common. Generally dowry means the property that the bride’s family gives to the groom or his family upon marriage.52 To combat this violence against women, the Dowry Prohibition Act, 1980 was enacted keeping penal provisions for giving, taking, agreeing or demanding from any party of bridegroom or bride side.53 For mitigating conflict, this offence has been made bailable and compoundable.54

Though dowry is main cause of domestic violence, it is first time the dowry is addressed as punishable offence. The Act merely criminalizes the dealing with the dowry but it does not address dowry related violence i.e. dowry death, mental and physical torture for dowry.

4.6. Nari-O-Shishu Nirjaton Daman Ain, 2000

Being a signatory state of UDHR, ICCPR, ICESCR and particularly CEDAW, Bangladesh is under obligation to make a separate specialized legislation and policy to eliminate the violence against woman. Taking the obligation into consideration, the Nari-O-Shishu Nirjatan Daman Ain, (Act xviii of 1995), a special-ized law, was passed and came into force on 17 July 1995. For the limitation of provi-sions and application, gross changes have occurred in the amendment of 2000. Here it was so extensively modified and enlarged that it was renamed as the Nari o Shishu Nirjaton Damon Ain, 2000 (as amended in 2003) repealing the Act no. xviii of 1995.55

The Act was introduced with great expectation to reduce and remove the violence against women and children more effectively and speedily.56 The provi-sions of the Ain, 2000 are nothing but some extended punishments in comparison to penal code, 1860.57 Offences like rape, abetting suicide, sexual assault, sexual harass-ment, dowry death and hurt have been made severely punishable offences under this Act.58 To respect the international obligation and make the trial more speedy and convenient, provision for separate tribunal has been prescribed with indepen-dent set of rules regarding cognizance, investigation, trial and appeal.59

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However, the great expectation from the Ain 2000 results in no notable positive progress in case of domestic violence against women. Being very complex procedure in filing complaint and apathy of the judges to try violence cases consid-ering lighter than grave offences like dowry death and rape cases, the victims are less willing to file violence cases in this tribunal. Besides, all offences of domestic violence have not been criminalized in this Act.

4. REVIEW OF THE DOMESTIC VIOLENCE (PROTECTION AND PREVEN-TION) ACT, 2010

4.1. Background of the Enactment

Though domestic violence is not specifically mentioned in the CEDAW, 1979, General Recommendation 19 states that violence against women is a form of discrimination that inhibits woman’s ability to enjoy rights and freedoms on a basis of equality with men.60 It asks that governments take this into consideration when reviewing their laws and policies. As a state party of CEDAW, thus Bangladesh has the legal obligation to comply with the provisions contained in the convention.

Like other state parties, Bangladesh has to report from time to time to the treaty bodies. In reviewing reports, the treaty bodies expressed their concern on lack of specific legislation criminalizing violence against women or on discriminatory laws increasing women’s vulnerability.61 Moreover, in the case of A.T. v.Hungary,62 the Committee found that the lack of specific legislation to combat domestic violence and sexual harassment constituted a violation of human rights and funda-mental freedoms, particularly the right to security of person. Eventually, the pressure from international forums leads Bangladesh to enact specific legislation relating domestic violence.

Though motivational programs with a view to enhancing social awareness in matters relating to women’s human rights have been in action, there were no special laws on domestic violence against women in Bangladesh. In connection with that there have been calls for a full-fledged legal enactment from the non-govern-mental organizations and civil societies to safeguard the rights of women from the adverse effects of domestic violence. Women's rights groups specifically criticized the government for its inaction on this issue.

Subsequently, in October, 2010 parliament passed the Domestic Violence (Protection and Prevention) Bill that came into force in December of the same year which criminalizes domestic violence. The aim and objective of this Act is to estab-lish equal rights for women and children, prevention of domestic violence, protec

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tion of women and children from domestic violence and for matters connected therewith or incidental thereto.63

4.2. Defining Domestic Violence

In the beginning, the Act defines “domestic violence” and provides inclu-sive description of abuse in physical, psychological, economical and sexual nature. Under S. 3 of this Act, domestic violence means physical abuse, psychological abuse, sexual abuse or economic abuse against a woman or a child of a family by any other person of that family with whom victim is, or has been, in family relation-ship.

‘Physical abuse’ is defined as any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb, or health or impair the health or development of the victim and includes assault, criminal intimidation and criminal force. ‘Psychological abuse’ includes but is not limited to: (i) verbal abuse including insults, ridicule, humiliation, insults or threats of any nature; (ii) harassment; or (iii) controlling behavior, such as restrictions on mobility, communication or self-ex-pression.

‘Sexual abuse’ means any conduct of a sexual nature that abuses, humili-ates, degrades or otherwise violates the dignity of the victim. ’Economic or financial abuse’ aims to limit a victim's ability to access help. Tactics may include controlling the finances, withholding money, making someone unreasonably accountable for money spent or petrol used, exploiting assets, withholding basic necessities, preventing someone from working, deliberately running up debts, forcing someone to work against their will and sabotaging someone's job.64

4.3. Legal Aid, Victim Protection and other Assistance

To provides speedy and effective prevention and protection towards the victim of domestic violence, a series of duties and responsibilities of police officer, enforcement officer, service provider, shelter house and medical service provider are enumerated in the Act, 2010.65 The reported or informed police officer shall inform the victim of her right to apply for remedies, availability of medical service, legal aid and service of enforcement officer etc.66 The Enforcement officer, appoint-ed under this Act, shall report to the court, apply for a protection order for victim if desires, take necessary steps for legal aid, refer the victim to shelter home or medical service provider etc.67

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4.4. The Trial Procedure

The victim of domestic violence may apply personally or by any other responsible officer therewith in any court of the first class Magistrate or Metropoli-tan Magistrate where victim permanently or temporarily resides or defendant resides or cause of action arises.68

With a view to achieving the purpose of speedy remedy, the first class Mag-istrate or Metropolitan Magistrate shall fix a date for hearing within 7 days and dispose the case within sixty days of the issuance of notice and in default within further 15 days with explanation.69 The court shall follow the procedure of summary trial under the Code of Criminal Procedure, 1898 and the trial may be in camera with or without consent of the parties to protect the confidentiality of the victim.70

4.5. Remedies

The Magistrate may issue interim order, protection order, residence order, compensation order and custody order as may be necessary to promote the preven-tion and protection of the women from domestic violence.7 The court may alter or modify or revoke any such order for the changed circumstances writing the reasons.72 The order must be served within 3 days by police officer or enforcement officer or any other ways approved by the Code of Criminal Procedure, 1898.73 For failure to comply the protection order, the court may pass sentence or order to perform community welfare service.74

Any party aggrieved by the Magistrate order may file an appeal within 30 days of passing such order. The appeal shall be filed before Chief Judicial Magis-trate Court or Chief Metropolitan Magistrate Court and the appeal shall be disposed within 60 days.75

5. A CRITICAL ANALYSIS OF THE DOMESTIC VIOLENCE ACT, 2010

The Domestic Violence (Prevention and Protection) Act, 2010 is a robust attempt in criminalizing the domestic violence against women in compliance with constitutional and international obligations. However, this Act could not have been a successful piece of legislation due to among other reasons non-compliance of all obligations, non-ratification of some instruments and giving reservation to some other. Despite the fact that the High Court Division of Supreme Courts has directed to file the violence cases under the Act, 2010 not under the Act 1980 or other laws, the lawyers and the victims are rather interested to file a suit under the Dowry Prohibition Act, 1980 and the Nari O Shishu Nirjatan Daman Ain, 2000. No NGOs,

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apart from BLAST, ASK and BNWLA, have filed cases under this Act. A few lawyers did file a domestic violence case but they did so personally.76

One of the reasons for lawyers’ or victims’ lack of interest in filing suit under the new Act is that scope and application of the Act is yet to be clear to them. There are very few judgements of the higher courts interpreting scope of the provi-sions of the Act. Further, lawyers might file a case conveniently under the pre-exist-ing legislations because of their better understanding of the provisions of those legislations.

The paramount reasons behind such non-application and non-implementa-tion of the Act have been diagnosed from social, political and mostly legal perspec-tives. To make the application and implementation of this Act truly and meaning-fully, the shortfalls of the Act have been discussed referring the similar provisions in similar laws of other territories.

5.1. Gender-Blindness

One of the reasons for failure of the Act in attracting the victims and lawyers to file suit under the Act may be that the title of the Act is gender blind, not gender sensitive. Gender-sensitivity recognizes the inequalities between women and men, as well as their specific needs. Though the Act has been enacted in compli-ance of the obligation of CEDAW and to give protection to the women, the title of the Act is not specialized as not addressing the women directly like the Protection of Women from the Domestic Violence Act in India.77

5.2. Incomprehensive Legislative Approach

Domestic violence related legislation should be comprehensive and multi-disciplinary, criminalizing all forms of violence against women. It is required to encompass issues of prevention, protection, survivor’s empowerment and support, as well as adequate punishment of perpetrators and availability of remedies for survivors. However, the Act has focused primarily on criminalization and injunc-tive measures. It should have moved beyond this limited injunctive approach to remedial approach.

Definition clauses in the Act have adopted a narrow approach which may leave many incidents of violence which are essentially domestic in nature without protection under the Act. For example, section 2(9) of the Act 2010, “family relation-ship” is restricted to the relationship by consanguinity or affinity or adoption or coparcenaries excluding the relationship by engagement, domestic employment, living in or attending a public or a private care institution or roommates etc.78

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Further, the definition in section 3 does not include the and moral damage79 within the scope of domestic violence.80 Forcing the victim to meet any unlawful demand for any dowry or other property or valuable security81 might be covered by the definition. Matters related to the interference in education could also be men-tioned as form of violence in the definition clause 3(1). Further, it is not clear in the Act whether any violence in the domestic setting is justified on the basis of consent82 or any other general exception of the penal code, 1860.

5.3. Ineffective Police Role

Police authorities and prosecutors are of central importance in ensuring that perpetrators of violence are punished, especially with regard to investigating acts of violence against women, preserving evidence, and issuing indictments. The quality of police and prosecutor work is crucial in determining whether the complaint is to be instituted or a person is convicted. Specialized police team is mandated to be formed for instant assistance for the victim women.83

In initial stage police has no specific duty other than informing the rights of the victim.84 After filing a suit if they want any settlement, settlement outside the court cannot be done. In case of imminent or actual domestic violence against women, no power is given to the police authority that is informed of the occurrence immediately to adopt the appropriate legal measures. The power of the police officer to arrest without a warrant upon reasonable grounds of suspicion85 has not been specified as directed by the Supreme Court in Bangladesh vs. BLAST86 and other though the offence of domestic violence has been made cognizable.87

5.4. Victim Support, Rehabilitation and Non-Disclosure Provisions

There is no strict provision for confidentiality and privacy of every woman in the situation of domestic violence, especially with regards to the investigation and any judicial proceedings as well as with regards to medical proceedings and care.88 In the present law, woman in the situation of domestic violence are not entitled to set up her own household, to live separately, to claim a divorce from her husband89 and to be assisted by a lawyer at no charge.90

Moreover, the Act provides for no safety mechanisms for the person report-ing the domestic violence, whether she is the victim or some other persons. As a result of absence of such safety measures, the victims, due to fear for their own secu-rity and safety, rarely come forward to report the domestic violence cases, particu-larly when the victims are detained, restricted or vulnerable. It is suggested that provisions setting out detail and comprehensive mechanisms to protect the victims and others persons reporting domestic violence should be incorporated.

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Given that victims of domestic violence, being women in most of the cases, are very vulnerable and feel helpless and stigmatized when they turn to the court for justice against one or more of her family member, rehabilitation of the victims through post violence support becomes vitally important. In absence of effective rehabilitation measures, victims of domestic violence, particularly the women, are unlikely to take redress to the court. However, the said Act of 2010 does not contain any provision for violence support fund and its management and use for the reha-bilitation of the victims. It is suggested that the Act should be amended in line of the similar legislation in Ghana. Domestic Violence Act (2007), Ghana incorporates appropriate provisions providing for establishment of a violence support fund91 and a board for management of the fund.92

Further, to ensure that the victims of the domestic violence come forward and report the incidents to the police and take action in court, it is essential victim’s personal information, particularly sexual history, is not disclosed in open court. Disclosure of the victim’s sexual history in any court proceedings is a form of re-vic-timization.93 The Act of 2010, however, neither contain any provisions prohibiting or at least restricting disclosure of information relating to victims personal life, particularly his sexual life, nor make reference to similar provisions in any other legislations.

It is also important that some aspects of the domestic violence proceedings are made privileged disclosure and publication. Publication of any proceedings related to domestic violence has not been prohibited and punishable, exposing the victims to the risk of re-victimization in our country. Bangladesh may follow the provisions embodied in CARICOM Model Legislation on Domestic Violence in this regard. In this model law, the proceeding of the court relating domestic violence is prohibited to publish without leave of the court with particular exceptions of publishing any such report of bonfide professional and technical nature.94

5.5. Defective Filing System

Domestic violence being an offence of social and local nature, complaint may be filed before a local council court, which is to make a written referral to the police and magistrate if the perpetrator is a recidivist or the victim is in danger, or the violence that has already taken place is serious.95 However, in the Act, 2010, there is no such provision.

The only way to complain is through petition96 which is not always possible for any vulnerable and endangered victim of domestic violence. A complaint in other ways including by oral complaint, by telephone97 or email is not entertained

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under this law. Moreover there is no requirement of any proof i.e. prima facie case to file a case and thus court will be overloaded by unnecessary groundless cases.

5.6. Special Procedures without an Specialized Court

No specialized courts for trying domestic violence cases and any kind of violence against women are prescribed in this Act. Trial in regular court within prescribed quick period and procedures is nothing but keeping old wine in new bottle. It would be difficult to render proper justice towards the victim through conventional court without bringing the change in the mindset of the judge as judge of violence case. By streamlining and centralizing court processes, such integrated courts eliminate contradictory orders, improve complainant’s or survivor’s safety, and reduce the need for complainants or survivors to testify repeatedly. Such special courts for domestic violence established in Brazil may be a model in this perspective.98

Specialized court should have some special powers. Power of the court to direct the respondent to seek counselling or other rehabilitative service99 or impos-ing mandatory rehabilitation of an abusive offender100 would be a positive attempt to reduce the domestic violence when it occurs for the psychological or alcoholic effect or mental disorder of the offender.

5.7. No Punishment For Violence

In the Domestic Violence (Prevention and Protection) Act, 2010, though there is punishment for breach of protection order and filing false complaint, there is no punishment for offence of domestic violence. However, without referring penalties for particular offence in this specialized legislation, the protection and prevention of the offences of domestic violence would be difficult.101 The punish-ment and sanction was emphasized in Fatma Yildirim (deceased) v. Austria,102 where the Committee on CEDAW recommended that-

“the state party strengthen implementation and monitoring of the Federal Act for the Protection against Violence within the Family and related criminal law, by acting with due diligence to prevent and respond to such violence against women and adequately providing for sanctions for the failure to do so.”

The domestic violence case being very confidential and internal matter, it is difficult to prove. However, no method is prescribed to measure and mitigate the violence case, especially mental violence.

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5.8. Failure to Promote ADR

In the present time, the disputes and particularly domestic disputes are encouraged to settle beyond courts’ arrangement. However, family mediation or intervention is not encouraged in our law during the investigation or prosecution of a complaint of domestic violence like similar Act of Sierra Leone, where family mediation or intervention is allowed along with investigation and prosecution of complaint of domestic violence.103 The court has no authority to issue any order under this law with the consent of the parties to the proceedings, without proof or admission of guilt which would open the door to conciliation peacefully without any blame game. In CARICOM Model Legislation on Domestic Violence, the court is empowered to make an order by consent of all parties to the proceeding.104

No power of mediation or issuing interim order is given to the enforcement officer. Interim order may end the imminent and continuing violence without wait-ing for court’s order. After filing a suit if the police officer wants any settlement, settlement outside the court is not permitted.

5.9. Absence of Monitoring Mechanism and National Action Plan

Intensive and regular monitoring is essential to ensure that legislation is implemented effectively without any adverse unanticipated effects. Monitoring of the implementation of the law may reveal gaps in the scope and effectiveness of the law, the need for training of legal professionals and other stakeholders, lack of a coordinated response and unanticipated consequences of the law for complainants or survivors, thereby identifying areas in need of legal reform.

A Special Inter-Institutional Commission for Monitoring the Implementa-tion of the Law against Domestic Violence, composed of members from government and civil society, was formed in Honduras.105 Establishing such a commission in Bangladesh may strengthen the monitoring and implementation mechanism in combating domestic violence effectively.

Moreover, as there is no current national action plan or strategy on violence against women, the Act should have mandated the formulation of a plan, which should have contained a set of activities with benchmarks and indicators for a comprehensive and coordinated approach to the implementation of the legislation. Adopting the Keneyan model, the Ministry of Women and Child Affairs of our country may be light bearer in preparing national action plan or strategy in this context. In Kenya, the relevant Minister has to prepare a national policy framework to guide the implementation and administration of the Act, and review the policy framework at least once every five years.106

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5.10. Other Factors

Some other factors have also acted towards ineffectiveness of the Act. The Act empowers the government to make detail rules. However, no rules have been made which is considered one of barriers in the way of implementation of the Act. In absence of detail guidelines, it is hard for the prosecuting bodies, enforcement officers, judges and lawyers to proceed under the Act. Acceptability of the Act has been frequently questioned in absence of Rules. In absence of detail rules of proce-dures, if a case under the Act is challenged in higher court then it is unlikely that the case will sustain there.107

Lawyer’s intention to prolong the cases through filing a suit in traditional laws is also considered one of the reasons for non-application of this Act. Hyder, J. added the reasons for not suing under this law alleging “lawyers prolong the cases for their financial gain.”108 Apathy of courts in entertaining and disposing the violence cases under special legislation may also be responsible for the Act being an ineffective tool.109

One important reason for inapplicability of the Act might be attributed to lack of training and capacity building program for the prosecution, enforcement officers, judges and lawyers. The provision of such training and capacity building program should be included immediately in the Domestic Violence (Prevention and Protection) Act, 2010. As for example in Spain, it is mandated that the government and the General Council of the Judiciary ensure that training courses for judges and magistrates, prosecutors, court clerks, national law enforcement and security agents and coroners include specific training on sexual equality, non-discrimination for reasons of sex, and issues of violence against women.110

Lack of awareness among victims of the domestic violence about their rights under the Act is one of the reasons for their reluctance to bring action under the Act. The government should undertake proper advertising and campaign program for making the potential victims of domestic violence aware of their rights and protection in the legislation. Incorporating a new provisions imposing obliga-tion on the government department to undertake such program seems to be the best option.

6. CONCLUSION

Domestic violence being a very pervasive, serious social malady in both developed and developing countries, severe domestic violence has been document

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ed in almost every country in the past decades. In the era of digitalization of docu-mentation and availability of relevant data and information across borders, this malady has marked a common global issue. To combat such a widespread phenom-enon, the preventive and protective legislation is a national and at the same time international obligation. In context of Bangladesh, the Domestic Violence (Protec-tion and Prevention) Act, 2010 can be regarded as noteworthy attempt toward the materialization of international human rights instruments including UDHR, ICCPR, ICESCR, CEDAW, DEVAW, and Optional Protocol to CEDAW. The Act is, however, a new beginning altogether.

The gender equality and women’s dignity and its protection are very strongly recognised in the constitution of Bangladesh. As a step of positive discrimi-nation or an affirmation action policy and to fulfill international commitment, the Nari-O- Shishu Nirjatan Daman Ain, the Dowry Prohibition Act were enacted to dates. However, those yet to be enforced in full potential to protect and prevent domestic violence against women across the country. To bring specific preventive and protective measures and to criminalize those violences, the Domestic Violence (Protection and Prevention) Act, 2010 with a view that it would curve the incidents of domestic offences against women unworkably.

The underlying issues under the consideration of existing legislations and their purposes of implementation addressed by the treaty bodies were noted by the Committee on the Elimination of Discrimination against Women. The committee has called upon states parties to ensure the prosecution and punishment of violence, immediate means of redress and protection, familiarity of public officials, especially law enforcement personnel, the judicial officers, health-care providers, social work-ers and teachers with applicable legal provisions and sensitivity to the social context of violence against women.

For the genuine implementation of the law and using the Act as a toll to eradicate the domestic violence against women, some recommended provisions need to be incorporated immediately in the Act. To ensure greater enforceability of the Act, some pragmatic provisions to be adopted as an obligation enshrined in the enactment. In the definition clause, “Family relationship” needs to be extended to the relationship by engagement, domestic employment and workplace, living in or attending a public or a private care institution or roommates etc. Omission to comply, causing moral damage and demand for any kind of dowry or valuable security might be brought under the consideration within the contexts of crime of domestic violence.

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Suitable provisions are required to be incorporated for coordination and co-operation of the duties of enforcement officers and other support officers includ-ing police officer. Specific provisions and procedures of mediation and conciliation under the supervision of the court is the urgency of present time of amicable settle-ment. The enforcement officer and police might be delegated the same mechanism mandated to settle the domestic violence amicably without the intervention of court. The role of police authorities in this context would be more effective if they are equipped with balance of rights and duties and authority to take immediate and appropriate legal measures. The power of the police officers to arrest without a warrant upon reasonable grounds of suspicion subject to the guidelines directed in Bangladesh vs. BLAST111 should be authorized for ensuring the prompt and imme-diate action by police in any incidence of domestic violence. The formation of specialized police team might be helpful to combat domestic violence all over the country.

Specialized courts for disposing domestic violence cases with the help of special investigators of crimes might be a necessity to take cognizance of any kind of violence against women prescribed under this Act. Punishments for every offence of domestic violence needs to be specified and made exclusively triable under the tribunal to be formed under this proposed system.

Strict provisions for confidentiality and privacy of every woman in the situation of domestic violence especially with regards to the investigation and any judicial proceedings as well as with regards to medical proceedings and care shall have to be incorporated in the Act, 2010. It is inevitable to prohibit the publication of any reports on the investigation and proceedings related to domestic violence. Appropriate provisions need to be brought in the Act for promoting and conducting educative campaigns to prevent domestic violence against women, which dissemi-nate ethical values and the dignity of every human being irrespective of gender in the violence.

Effective and intensive training programs ought to be offered to the enforcement officers, police officers, concerned judges and other service providers. Cooperation and coordination among different concerned authorities dealing with domestic violence cases will make the enforcement mechanism of the Act more effective. Moreover, forming special prosecutorial team will accelerate the investi-gation and trial procedures in ensuring justice for the victims of domestic violence.

Proper implementation of the Act and eradication of domestic violence against women would be possible if the recommended measures are adopted and the proposed provisions are incorporated in the Act. Amending the Act to make it

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gender-sensitive, establishing specialized court to deal with domestic violence case, incorporating provisions ensuring comprehensive victim support and protection, arranging regular training and capacity building program for judges and lawyers, and setting up constant monitoring and action plan will successfully curb domestic violence to a minimum level. Moreover, these steps would ensure that women who are victim of the domestic violence get redress and remedy and that the Domestic Violence (Prevention and Protection) Act, 2010 becomes an effective tool in protect-ing the women against domestic violence- a serious social malady and violation of their fundamental human rights and dignity.

Endnotes:

1. Article 1, The United Nations Declaration on the Elimination of Violence against Women, General Assembly Resolution, December 1993A/RES/48/104.

2. Kamal, Sultana, ( 2013, March), Monitoring Domestic Violence in Bangladesh, Workshop held by Ain-O-Salish Kendra (ASK) and BLAST, Dhaka. Available at http://www.askbd.org/web/?p=2454.

3. Schuler, S.R., Hashemi, S.M. and Badal, S.H. (2000), Man`s Violence against Women in Bangladesh:Undermined or Exacerbated by microcredit Programmes, 1st edition, Geneva: Development in Practice, UNICEF, pp.10-11.

4. Para-9, the Proclamation of Independence, Mujibnagar, Bangladesh dated 10th April, 1971.

5. See http://en.wikipedia.org/wiki/Violence, last visited on 20 August, 2016.6. Article 2(a), the Declaration on the Elimination of Violence against Women

(DEVAW) adopted by the United Nations General Assembly in 1993.7. Section 3,the Domestic Violence (Prevention and Protection) Act, 2010.8. Wragg, Tony (2010), Nutshells: Family Law, 8th Edition, Sweet & Maxwell,

London, p. 62.9. Farouk, S.A. (2005),Violence Against Women: A Statistical Overview, Challeng-

es and Gaps in Data Collection and Methodology and Approaches for Overcom-ing Them, 1st edition, Geneva: Expert Group Meeting, DAW,ECE and WHO , pp. 20-25.

10. See http://www.domesticviolencelondon.nhs.uk/ 1-what-is-domestic-vio-lence-/2-forms-of-domestic-violence.html, last visited on 20 August, 2016.

11. Performed under duress and without the full and informed consent or free will of both parties.

12. Female circumcision involves females, usually under the age of 16, undergoing procedures wrongly believed to ensure their chastity and marital fidelity.

13. Teenage girls have been assaulted by a boyfriend.14. Stalking is most often committed against women by former or current partners

with increased risk of serious harm or murder.

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15. Sarkar, Lotika and Sivaramayya, B. (1994), Women and Law: Contemporary Problems, 1st Edition, Academic Publishers, Kolkata,p.13.

16. Khatun, Taslima and Rahman, Khandaker Farzana, (2012). ‘Domestic Violence against Women in Bangladesh:Analysis from a Socio-legal Perspective’, Bangla-desh e-Journal of Sociology. Volume 9, Number 2, p.21.

17. Available at http://bnwlabd.org/?=5901 (Last visited on 26 August 2016)18. Bhuiya, A., Sharmin, T. ,Hanifi, S., (2003), ‘Nature of Domestic Violence against

Women in a Rural Area of Bangladesh: Implication for Preventive Interven-tions’, J Health Popul Nutr, 21(1):ICDDR,B: Centre for Health and Population Research, pp.48-54.

19. Hossain, K.T. (2007), Violence against Women in Bangladesh, the Proceedings of the 8th Annual Conference of Hong Kong Sociological Association, Keung, C.S., Traver, H. and Xiuguo, L. (eds.) Narratives and Perspectives in Sociology: Understanding the Past, Envisaging the Future, pp. 257-264.

20. Supra note16, p. 24.21. Zaman, H. (1999), ‘Violence against Women in Bangladesh: Issues and Respons-

es’, Women’s Studies International Forum, 22(1), pp. 37-48.22. Jahan, Roushan (1994), Hidden Danger: Women and Family Violence, Women

for Women, Dhaka, p.19.23. Library, office of United Nations High Commissions for Human Rights, avail-

able at http://lib.ohchr.org/HRBodies/UPR/Documents/Session16/BD/-JS10_UPR_BGD_S16_2013_Jointsubmission10_E_annex%202.pdf , last visited 28 August 2016.

24. S. 2, The Muslim Personal Law (Shariat Application) Act,1937.25. See https://ethnomed.org/clinical/domestic-violence/the-islam ic-response-

to-domestic-violence,last visited 18 August 2016.26. Chapter: II, Verse: 229-237, Chapter: IV, Verse: 19 & 25, Al Quran27. Chapter: XXX, Verse: 2 Chapter: IX, Verse: 71, ibid.28. Chapter: XXX, Verse: 21, ibid.29. Chapter: XVI, Verse: 90, ibid.30. Chapter: IV, Verse: 34, Sura An-Nisa, Ibid.31. Ibid.32. See the United Nations Development Programme’s 2011 Gender Inequality

Index, the Organisation for Economic Co-operation and Development’s 2009 Social Institutions and Gender Index, and the World Economic Forum’s 2011 Global Gender Gap Index.

33. Article 27, the Constitution of the People’s Republic of Bangladesh.34. Article 28 (1), ibid.35. Article 10 & 19, ibid.36. Article 31,32 & 34, ibid.37. Article 17, 29 & 39, ibid.

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38. AIR 1997 SC 3011.39. 14 BLC (2009), 694, See Islam, Mahmudul (2012), Constitutional Law of Bangla-

desh, 2nd Edition, Mullick Brothers, Dhaka, Pp. 208-20940. Section 312-315, The Penal Code, 1860.41. Section 354, 372 & 374, ibid.42. Section 375. ibid.43. Sections 393-95, 497-98 & 509, ibid.44. Section 323-326A, ibid.45. Section 8, ibid.46. Sections 4, 5 & 6, The Child Marriage Restraint Act, 1929.47. Section 2(II) &(VIII), The Dissolution of Muslim Marriage Act, 1939.48. Section6, 7 & 9, The Muslim Family Laws Ordinance, 1961 (MFLO).49. Sections 4 & 5, The Family Courts Ordinance, 1985.50. Sections 10, 13 & 23, ibid.51. Supra note 48. 52. Monsoor, Taslima (2008), Gender Equity and Economic Empowerment: Family

Law and Women in Bangladesh, British Council, EWLR, Dhaka, pp. 42.53. Sections 3-5, The Dowry Prohibition Act, 198054. Section 8, ibid55. Section- 34 of the Nari o ShishuNirjaton Damon Ain, 2000 (as amended in 2003)56. Preamble, ibid.57. Sections 4, 9-13, 17 & 30, ibid.58. S.9-11, ibid.59. Sections 26-27, 18, 20 & 28, ibid.60. General Recommendation No. 19 (1992) on gender based violence against

women by the Committee on the Elimination of All Forms of Discrimination against Women.

61. Department of Economic and Social Affairs, Division for the Advancement of Women, asdf, United Nations (2010 ), Handbook for Legislation on Violence against Women, New York, ST/ESA/329, p.6.

62. Communication No. 2/2003, views adopted on 26 January 2005. See http://ww-w2.ohchr.org/ english/law/docs/Case2_2003.pdf (Last Visited 24.08.2016)

63. Preamble, The Domestic Violence (Prevention and Protection) Act, 201064. Section 3(a), (b), (c) & (d), ibid.65. Section 7-9, ibid.66. Section 4, ibid.67. Section 5-6, ibid.68. Section 11-12, ibid.69. Section 20, ibid.70. Section 22-23, ibid.71. Section 13-17, ibid.

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72. Section 19, ibid.73. Section 25, ibid.74. Section 30-31, ibid.75. Section 28, ibid.76. Supra note 2.77. The Protection of Women from Domestic Violence Act, Indian Law No. 43 of

2005.78. Goitom, Hanibal (2013), ‘Uganda: Women Judges Voice Concern over Domestic

Violence,’ para-3.79. Moral violence understood as any behavior that constitutes slander, defamation

or insult or verbal attacks, profanity, name calling and other violent harassment; Moral violence” is based on a combination of Article 6 (5), Law on Protection from Domestic Violence (2005), the Federation of Bosnia and Herzegovina.

80. Article 5, Maria da Penha Law (2006), Brazil; also Article 1,UN Declaration on the Elimination of Violence against Women United Nations, General Assembly resolution 48/104 of 20 December 1993,.

81. Supra note 77, section 3.82. Section 4, Domestic Violence Act (2007), Ghana.83. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of

Power, United Nations General Assembly on 29 November 1985.84. Supra note 63, Section 4.85. Section 9, ibid.86. 55 DLR (HCD) (2003) 363, AD 2016.87. Supra note 63, Section 29.88. Paragraph 6 (d), United Nations General Assembly, Declaration of Basic Princi-

ples of Justice for Victims of Crime and Abuse of Power, 29 November 1985.89. Article 40, Law in Respect of Marriage, Iceland, Law No. 31 of April 14th 1993.90. Article 7, Family Violence Prevention Act (2005), Slovenia.91. Supra note 82, Articles 29 (ff).92. Article 31, ibid.93. Supra note 89.94. CARICOM (Caribbean Community) Model Legislation on Domestic Violence,

Clause 21.95. Supra note 78, para-4.96. Supra note 7, Section 11.97. Article 7.5, Law of Mongolia against Domestic Violence (1999).98. Supra note 80 (Maria da Penha Law), Article 14.99. Section 15, subsection 2 (a) (ii), Domestic Violence Act (2007), Sierra Leone.100. Supra note 79, Article 16.101. Supra note 96, Para- 5.102. Communication No. 6/2005, views adopted 6 August 2007.

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103. See http://daccessdds.un.org /doc /UNDOC /GEN /N07 /495/ 37/ PD F/N0749537.pdf?OpenElement.

104. Supra note 100, section 7, subsection 4.105. Section 22, Antigua and Barbuda, Domestic Violence (Summery Proceedings)

Act (1999).106. Article 20, the Law on Domestic Violence (1997), Honduras.107. Article 46, the Kenyan Sexual Offences Act (2006).108. Hyder, Mirza Hossain in Supra note 2.109. Ibid.110. Supra note 78, para-2.111. Article 47, the Spanish Organic Act on Integrated Protection Measures against

Gender Violence, 2004.112. Supra note 87.

References:

Books:

1. Islam, Mahmudul (2012), Constitutional Law of Bangladesh, 2nd Edition, Mullick Brothers, Dhaka,

2. Tony (2010), Nutshells: Family Law, 8th Edition, Sweet & Maxwell, London.

Articles:

1. Goitom, Hanibal (2013), ‘Uganda: Women Judges Voice Concern over Domestic Violence,’ para-4.

Case Laws:

1. A.T. v.Hungary, Communication No. 2/2003, views adopted 26 January 2005.2. Bangladesh vs. BLAST and other, 55 DLR (HCD) (2003) 363, AD 2016.3. Bangladesh National Women Lawyers Association V. Bangladesh 14 BLC

(2009), 6944. Vishaka v. Rajastahan AIR 1997 SC 3011.

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