In Bangladesh, domestic violence is a widespread and deeply entrenched problem that affects women, children, and other vulnerable members of society. Domestic abuse still affects many lives every day despite improvements in the field. The Bangladeshi government has passed several legislations to tackle this societal crisis, but implementation, awareness, and protection issues still exist. To promote a safer and more civilized society, this article explores the legal remedies accessible to victims of domestic abuse in Bangladesh as well as preventative measures that can be taken.
The literal meaning of domestic violence is violent and aggressive behavior within the home that affects partners and children. It happens when a loved one has authority and control over you. There are various ways in which this abuse or control manifests. About 73% of women have experienced violence from their spouses at some point, according to the most recent "Report on Violence against Women Survey 2015" from the (BBS).
In Bangladesh, 93% of women said they had either personally experienced or knew another woman who had been the victim of violence against women and girls, according to a UN Women report from 2021. Two-thirds of women in the nation are victims of domestic abuse, according to two government and non-government studies, but the shocking fact is that just 3% of them file legal action.
The majority of these women do not disclose it at the police station because of a lack of awareness, an urge to keep the marriage valid, social humiliation, and economic strain.
Domestic violence is defined as any physical, psychological, sexual, or mental abuse of a woman or child by a family member under Bangladesh's Domestic Violence (Prevention and Protection) Act 2010. The government has amended and passed several laws such as the Penal Code 1860, the Code of Criminal Procedure 1898, and specialized laws like the Prevention of Repression of Women and Children Act 2000, the Acid Crime Prevention Act 2002, and the Child Marriage Restriction Act 1929, to tackle domestic violence and protect women's rights. These laws exemplify preventing violence and protecting women.
Physical abuse can include things like choking, hitting, kicking, or threatening with a weapon, as well as depriving the victim of basic needs, putting them in a cage, or threatening to hurt pets or loved ones. Holding someone hostage and destroying property are also included.
When sex is used against consent or under duress, it is considered sexual abuse. Forced sexual acts, exploitation of individuals incapable of giving consent (for example, because of fear or intoxication), and unwelcome physical contact are all examples of this. Among the psychological elements are unfounded accusations, intense jealousy, sexuality mockery, and manipulating the victim with adultery charges or affairs.
Through coercion, threats, or taking advantage of fears, emotional abuse diminishes one's sense of value. Insults, public humiliation, threats, gaslighting, coercion, religious exclusions, and disregarding necessities are a few examples that are used to make the victim feel vulnerable and dependent.
As long as society accepts violence against women and encourages male supremacy, male abuse and violence against women will continue. The backbone of abusive behavior is cultural acceptance of acts of violence, which permits chronic suffering.
The Domestic abuse (Prevention and Protection) Act 2010 is a significant law that addresses domestic abuse in Bangladesh and provides financial relief, residence orders, and protection orders as legal remedies. The victim's right to remain in shared housing is protected by residence orders, while protection orders stop the accused from engaging in additional abuse or contact. Medical costs, missed income, and maintenance are covered by monetary relief. Restraining orders may also give the accused the sole right to use shared homes and prohibit them from hurting or contacting the victim. These actions are meant to safeguard and empower victims.
While the Family Courts Ordinance 1985 act provides financial maintenance, child custody, and legal separation, the Prevention of Oppression Against Women and Children Act, 2000, imposes strict penalties for severe cases outside the 2010 Act's scope, and the Penal Code criminalises assault, battery, and unlawful detention regardless of the setting, these laws give broad protection, but the 2010 Act's lack of explicit sanctions raises questions about how effective it is at preventing abuse.
In Bangladesh, NGOs play a major role in helping victims of domestic abuse by offering shelter, counselling, legal assistance, and advocating for harsher penalties. The National Helpline Center's 109 helpline, which provides 24-hour medical, legal, and psychological care, and Mindspace's crisis support services are important tools. Child Helpline 1098 provides assistance to children who have experienced abuse, while the 999 emergency hotline guarantees prompt access to ambulance, fire, and police services.
Social shame, misinformation, and financial dependency frequently discourage victims from seeking assistance, even in the face of these options. Especially in rural areas, patriarchal attitudes make it more difficult to impose protective measures. The Domestic Violence Act should be amended to incorporate direct punitive elements in order to address these issues. This might strengthen the act's deterrent effect and reaffirm that abuse has grave repercussions.
Domestic violence victims in Bangladesh are unwilling to disclose it for fear of social condemnation or financial instability, and police frequently brush it off as "family matters." To successfully enforce domestic abuse legislation, institutional processes must be strengthened, such as by enhancing family court procedures and providing police and court employees with gender-sensitive training.
Women must be socially and economically empowered through work opportunities, financial literacy, and vocational training in order to lessen their vulnerability. Domestic violence exposure negatively impacts children's social and mental development, while creating a secure, nurturing environment can produce resilient and compassionate people.
Although the 2010 domestic violence law in Bangladesh offers protection, its deterrent effect is limited by the absence of punitive sanctions. A legal framework that combines protective and punitive measures is required. NGOs, public awareness initiatives, and helpline services continue to play a critical role in assisting victims and promoting more effective legal responses.
The writer is a contributor
