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Legal loopholes stand in the way of protecting women, children

Published : Sunday, 18 February, 2024 at 12:00 AM  Count : 1817
Mohammad Shad Uddin Al Jabid
In Bangladesh, the Women Children Repression Prevention Act (WCRPA) was enacted in 2000 with the altruistic objective of safeguarding the rights of children and women against diverse manifestations of violence. However, difficulties have plagued its implementation, including the pervasive abuse of its provisions. Misuse often involves capitalizing on public opinion in disagreement to adversaries, which results in potentially advancing a malign purpose. However, speaking out against the abuse is occasional misinterpreted as an opposition to the rights of women, resulting in the neglect of the victims suffering. The WCRPA, despite its strict safeguards against crimes against women and children, has been substantially exploited since its inception for motivations including intimidation, extortion, and harassment.

The ineffectual nature of the legal system in penalizing true offenders is evidenced by the low rate of convictions in cases involving violence against children and women. The article discusses the legal defects that are intrinsic to the WCRPA, investigates the consequences of its improper implementation on women and children in Bangladesh, and proposes potential reform frameworks.

In Bangladesh, women and children are confronted with urgent problems of repression and violence, which the WCRPA was specifically formulated to address. The legislation regulates a wide range of offenses, including but not limited to rape, acid violence, human trafficking, and child marriage. As an indication of the governments dedication to safeguarding the rights of women and children, the Act imposes severe penalties on offenders.

However, free of blame individuals and the legal systems are negatively impacted by its improper application.

The primary weakness in the WCRPA is the provisional use of imprecise and equivocal language, which allows for varying interpretations and inconsistent implementations. Moreover, it is worth noting that the Act does not contain sufficient provisions to protect the rights of those who are accused, specifically in situations involving false accusations. A fundamental principle of criminal justice, the presumption of innocence is often overlooked, resulting in unjust consequences for those who are unjustly accused under the Act. An additional risk exists in the enforcement system of the WCRPA. Inadequate training of law enforcement personnel, restricted resources, and bureaucratic inefficiencies impede the achievement of effective implementation.

Therefore, numerous legal cases initiated pursuant to the Act remain unresolved, depriving victims of justice and maintaining the cycle of impunity for criminals.

The effects of Bangladeshs negligent execution of the Women Children Repression Prevention Act (WCRPA) on children and women are severe. This undermines confidence in the justice system and deters victims from coming forward with crime allegations out of concern of revenge. Incorrectly accused individuals may suffer severe consequences from the misuse of the WCRPA, including social stigma, loss of means of subsistence, and psychological trauma. When marital disputes or personal vendettas arise, the WCRPA is occasionally utilized as a tool for punishment or control.

Furthermore, by misapplying resources to address the underlying causes of child repression and gender-based violence, the legal system is inundated with cases that may not merit severe punishment. The accused may petition for bail under Section 19, whereas unjust imprisonment may result from indecent gestures accompanied by sexual urges as defined in Section 10(2). It is criticized that the WCRPA classifies eve taunting as a crime because it allows harassers to target innocent individuals for trivial matters, potentially leading to severe penalties.

Furthermore, Section 19(2) designates all offenses under this Act as non-bailable, turning it the most financially advantageous facet of the legislation for many dishonest representatives and complainants. This law will accomplish the goal of restraining an individual for a few days in order to antagonize them more effectively than anything else. Attaining release under this act is exceedingly improbable in light of Section 19(2).

The impacts of the improper implementation of the WCRPA on women and children in Bangladesh are extensive. When the law is perceived as arbitrary or unjust, victims are less likely to report crimes for fear of retaliation or further victimization. Unfounded accusations can result in psychological distress, social exclusion, and income loss for innocent people. When conjugal conflicts arise or individuals harbor personal complaints, the WCRPA may occasionally be exploited as a tool to exact justice or exert dominance over others.

Furthermore, when the WCRPA is misapplied, resources are misdirected from confronting the underlying factors that contribute to child repression and gender-based violence. As opposed to prioritizing prevention, rehabilitation, and victim support services, the legal system is inundated with cases that may not merit the severe penalties mandated by the legislation.

Legal reform, capacity development, and community engagement are all components of a multifaceted strategy that is necessary to close the legal loopholes in the WCRPA. To ensure consistency in its application and prevent misinterpretation, the language of the Act must be perfectly clear and precise. It is imperative to incorporate measures that safeguard the rights of the accused and deter the potential exploitation of the Act for personal benefit. It is imperative to augment the capabilities of law enforcement agencies and judicial institutions tasked with the implementation of the WCRPA.

In order to guarantee the professional and equitable handling of cases, it is imperative to establish training programs that cover topics such as victim support, gender sensitivity, and due process. Additionally, community outreach and awareness campaigns are essential for combating the misuse of the WCRPA. Educating the public about child protection, womens rights, and gender equality can assist in dispelling misunderstandings and empowering individuals to pursue legal recourse instead of resorted to vigilante justice or unfounded accusations.

In Bangladesh, the Women Children Repression Prevention Act of 2000 signifies a substantial advancement in the countrys initiatives to address child repression and gender-based violence. The efficacy of the system is, nevertheless, compromised and confidence in the judicial system is eroded as a result of its improper implementation, which is facilitated by legal exemptions. Through the implementation of legislative reform, capacity building, and community engagement, Bangladesh has the potential to restore faith in the WCRPAs tenets of justice, equality, and equity. This, in turn, would guarantee the safeguarding and welfare of children and women throughout the entire country.

The writer is a student, Department of Law and Human Rights, University of Asia Pacific



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