Is this what freedom looks like?

Published by Dhaka Tribune | May 21, 2018(link Here)

Beauty is one of the thousands of victims of rape that happens almost every week, somewhere in Bangladesh. She was raped twice by the perpetrators. First time she could escape and filed a complaint. But law enforcement agency could not arrest the accused persons. Every time we choose to ignore or walk away from such incidents of, we put another Beauty in danger. Beauty could escape the first time. After few months she was missing again. She was raped and brutally killed by rapist criminals. In Bangladesh rape is a punishable offence under different laws. Under section 375 of the Penal Code “rape” occurs when a man has “sexual intercourse” with a woman under one of the following circumstances: 375. A man is said to commit “rape” who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following descriptions: Firstly, against her will. Secondly, without her consent. Thirdly, with her consent, when such consent has been obtained by putting her in fear of death, or of hurt. Fourthly, with her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly, with or without her consent when she is below fourteen years. Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Exception: Sexual intercourse by a man with his wife, the wife not being under thirteen years of age, is not rape. The maximum punishment for rape, under section 376 of the Penal Code, is life imprisonment. An exception to this punishment exists where the rape is perpetrated by a husband against his wife (who is then under the age of 13). Under such a set of circumstances, the maximum punishment is two years and a fine: Whoever commits a rape shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, unless the woman raped is his own wife and is not under twelve years of age, in which case he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. The punishment for rape, under The Prevention of Oppression against Women and Children Act (as amended), is a maximum of life imprisonment with a fine. But, if the victim later dies, or the rape is committed by more than one man (i.e. gang rape), then the maximum penalty imposed is capital punishment. Section 354 of Penal Code provides for two years imprisonment for assault or criminal force to a woman with intent to outrage her modesty. Section 509 states that whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. Under Article 32 of the Constitution of the People’s Republic of Bangladesh (Constitution) a woman cannot be deprived of her personal liberty. A woman has the right to move throughout the country under Article 36 of the Constitution. Besides there is toll free National Help Desk number with a dedicated 24 hour telephone helpline. Though in the modern era, women are breaking the traditional gender roles by venturing into a world once solely dominated by men, unfortunately the most basic structure of society is showing very little sign of development. Violence against women of our society is rising alarmingly. A large number of women in our country are facing this social menace. Protection from violence is universally recognised as a basic human right. Beauty’s life, her dreams and her hopes have been destroyed by the rapists. Shockingly they were her neighbours. Beauty’s lifeless body was lying in the blood-swept green land. Our freedom fighters fought for our flag and freedom of our soil, our future, our nation not for a nation filled with hatred for each other, violence, discrimination and oppression. Is this what our freedom fighters struggled for? Is this a true freedom? The writer is a Barrister-at-Law of the honorable Society of Lincoln’s Inn, UK and an advocate of the Supreme Court of Bangladesh.