CAMPAIGN (S)
Rape Law Reform
RAPE LAW REFORM NOW CAMPAIGN

About the Campaign
Despite increasing reports of rape in the media, conviction rates remain low and rapists continue to enjoy impunity. Studies demonstrate that the vast majority of rape victims and survivors still do not come to court to seek redress. When they do, they routinely face threats and reprisals (especially if the accused is from an influential background), causing them to abandon the prosecution. Even where cases are filed, investigations concluded, and trials take place, there are very few convictions.[1]The vast majority of rape victims and survivors are thus precluded from seeking justice, for one reason or another, including the discrimination inherent in the existing rape laws and their application. This ultimately contributes to a culture of impunity for rape.
It is in this context that BLAST launched the Rape Law Reform Now campaign in 2018 to identify protection gaps in existing rape legislation which continue to perpetuate impunity and miscarriages of justice, and act as a concerted advocacy movement to demand necessary legal and institutional reform.
2020 marks the 20th anniversary of the Nari-o-Shishu Nirjatan Daman Ain 2000 (Women and Children Repression Prevention Act 2000), a law enacted with a view to eliminating violence against women and children in Bangladesh. The Government of Bangladesh’s express commitment to uphold gender equality and reduce Gender-Based Violence (GBV) through the adoption of the Sustainable Development Goals (SDG) agenda (particularly SDGs 5 and 16) has created an opening for civil society to demand much-needed reform of our rape laws to ensure justice without delay or discrimination.
Campaign Activities
I. Expert Consultations
As part of this campaign, we hold a series of expert consultation seminars and meetings with relevant stakeholders, such as lawyers, academics, judges, law enforcement officers and activists. In 2018, we held expert consultations on the following thematic areas:
- Addressing Pre-Trial and Procedural Barriers to Accessing Justice for Rape
- Rethinking the Definition of Rape and Our Understandings of Consent
- Ensuring Witness Protection in Rape Trials
- Redress for Rape: Ensuring Punishment, Deterrence and Reparation
2. National Conference
The expert consultations held in 2018 led to the first ever National Conference on Rape Law Reform which brought together key justice sector actors and human rights activists working on ensuring justice for rape.
The Conference opened with a session where representatives from marginalised communities spoke about the experiences of rape survivors from their communities and the additional hurdles they face when seeking justice for rape. This was designed to tie in with UN Women’s #HearMeToo movement as part of the 16 Days of Activism against Gender-Based Violence Campaign. The Conference brought together lawyers, judges, academics, researchers, government officials, law enforcement officers, journalists, human rights and community activists from across the country to discuss the need to reform existing rape laws in to ensure holistic, effective and inclusive justice for rape survivors and end impunity for rape.
You can read a copy of the declarations here.
3. Research and Publications
Research is central to the Rape Reform Now campaign and we have launched the Rape Law Reform Research Reports series to generate evidence based advocacy for reform. We are researching into the history of rape law reform in Bangladesh and analysing all the reported judgments on rape[2] under the Nari O Shishu Nirjatan Daman Ain (Women and Children Repression Prevention Act) 2000 with a view to further understand common trends in rape cases such as:
- the nature of relationships between the rape victim/survivor and the rape accused/convict
- socioeconomic background of the rape victim/ survivor and rape accused/convict
- timelines in rape prosecutions, including average time taken for the trial court judgment and for the Supreme Court to rule on appeals etc. and common reasons for delay
- the pattern of appeals to the Supreme Court (against the trial court decision) and common reasons for acquittals/ convictions propounded by the Supreme Court
- the extent to which “rape culture” exists in the courtrooms and influence the judges’ decision making.
- Research Reports and Policy Briefs :
- Why Rape Survivors Stay Out of Court: Lessons from Paralegal Interventions
- 18 Point Directives by the High Court on responding to rape survivors
- Rape Law Reform in Bangladesh: Conference Report
- Between ‘Virtue’ and ‘Immorality’: Why Character Evidence Must Be Prohibited in Rape Cases
- Talking About Rape: 10 Telling Quotes from Reported Judgments
- Understanding Key Issues Surrounding Rape of Young People in Dhaka
- No Justice without Reparation: Why Rape Survivors Must Have a Right to Compensation
- Op-Eds
- We have laws but why don’t they work? (The Daily Star, 8 March 2020)
- Why do rape cases stay out of court? (The Daily Star, 8 February 2020)
- Why crossfire will not solve our rape problem (The Daily Star, 17 January 2020)
- The colonial legacy of rape laws (The Daily Star, 28 November 2019)
- What legal action can a male rape victim take? (The Daily Star, 1 November 2019)
- State liability to pay compensation for rape: A necessary ruling (The Daily Star, 17 March 2019)
- Why we should not support the killing of ‘rapists’ by ‘Hercules’ (The Daily Star, 14 February 2019)
4. Coalition on Rape Law Reform
In taking the Rape Law Reform Now campaign forward and making the declarations a reality, it was recognised in the consultations and the conference that a concerted effort between relevant stakeholders is of utmost importance. To this end we up a Coalition on Rape Law Reform comprising of different organisations working on ensuring justice for rape, such as Naripokkho, BRAC Human Rights and Legal Services, Bangladesh Mahila Porishad, Bangladesh National Women Lawyers Association and others.
The Coalition on Rape Law Reform acts as a pressure group for building momentum on key reform demands of the campaign. Advocacy and awareness activities are conducted at both the policy and grassroots level is conducted using the vast collective networks of the organisations who are part of the Coalition.
Rape Law Reform Now Campaign in the News
- Violence against women, children: Experts stress need for virtual court (Daily Observer)
- Study recommends limiting relevance of rape complainants past sexual background (Dhaka Tribune)
- Time to do away with character evidence (The Daily Star)
- Government needs to establish a state compensation fund for rape survivors (Daily Our Time)
- BLAST holds National Conference on Rape Law Reform (The Daily Star)
- ‘No reform of rape definition in 160 years’ (Dhaka Tribune)
- Rights activists demand reformation of rape law to ensure justice (New Age)
- Ensure justice for rape victims and protect the witnesses (The New Nation)
- Why rape law reform in crucial to ensure gender equality, rights and justice (Daily Our Time)
Contact
If you wish to learn more about our Rape Law Reform Now campaign, or wish to support it and/or get involved, please write to rlrcoalition@gmail.com
[1]For example, a recent study by Prothom Alo found that out of the 4,277 violence against women cases (the vast majority of which were rape cases) disposed in Nari-O-Shishu Nirjaton Domon Tribunals in Dhaka district between 2002 and 2016, the accused was sentenced to punishment in less than 3% of the cases. See: Tahmina, Q. A. & Bhowmik, P., “Shaja Matro Tin Shotangsho: Dhaka Nari O Shishu Nirjaton Domon Tribunal” [Punishment in Only 3% of Cases: Suppression of Violence against Women and Children Tribunal, Dhaka] Prothoma (2018).
[2] In considering reported rape judgments, we will be looking at the six oldest and most reliable law reports in Bangladesh: Dhaka Law Reports (DLR), Bangladesh Legal Decisions (BLD), Bangladesh Law Chronicles (BLC), Bangladesh Law Times (BLT), Appellate Division Cases (ADC) and Mainstream Law Reports (MLR).