Secure Rights of Children Born of Rape

Rape is a grave violation that can leave lasting physical and psychological scars on survivors. However, its consequences can extend to children born as a result of such violence, who may face social stigma, family rejection and legal uncertainty through no fault of their own. Under Bangladeshi law, such children have certain legal rights, including the right to maintenance from the State, with the government authorised to recover the expenses from the perpetrator. Yet legal recognition and maintenance alone are not enough to secure their dignity, identity and future.

A recent case in Madan Upazila of Netrakona illustrates the difficult circumstances surrounding children born of rape. An 11-year-old girl became pregnant after allegedly being raped and later gave birth to a child. A DNA test reportedly showed a 99.99 per cent match between the newborn and the accused madrasa teacher, Aman Ullah Mahmudi Sagar. In another case, the High Court sentenced Kashem Ali to life imprisonment for raping a young woman in Habiganj in 2005, overturning the lower court's acquittal. The court also fined him Tk100,000, with six months' imprisonment in default. Importantly, the High Court directed the State to bear the maintenance expenses of the child born as a result of the rape, with the government allowed to recover the amount from the accused. The prosecution described the decision as exemplary and landmark.

Section 13 of the Women and Children Repression Prevention Act, 2000, contains provisions concerning the maintenance of children born of rape. Under Section 13(1)(c), the State bears responsibility for their maintenance expenses. Section 13(1)(d) provides that such maintenance is payable until the child reaches the age of 21. For a daughter above 21, it may continue until her marriage, while for a child with a disability, it continues until the child becomes capable of maintaining themselves.

Section 13(3) allows the government to recover the maintenance money from the rapist. If the amount cannot be recovered from the perpetrator’s existing property, it can be recovered from property acquired in the future. Under Section 16, following a court order, the Collector of the relevant district can list the rapist’s property, which may then be sold through direct auction to meet the maintenance expenses.

Under Bangladeshi law, such children have certain legal rights, including the right to maintenance from the State, with the government authorised to recover the expenses from the perpetrator. Yet legal recognition and maintenance alone are not enough to secure their dignity, identity and future.

The law also provides protection for the identity of the victim and child. Section 14 prohibits the publication of the photograph, name, residence or permanent address of a rape victim or child in newspapers or other media. Anyone knowingly publishing such information may face imprisonment and a fine of up to Tk100,000. Under Section 24, an aggrieved party can appeal to a higher court within 60 days.

According to Bangladeshi law, children born as a result of rape have some legal recognition, though their rights remain limited. Section 13 grants them certain rights regarding their parents’ identities. As the rapist is legally recognised as the father, guardianship may be given to the mother or maternal family, while the State bears responsibility for maintenance. For daughters, this may continue until marriage; for sons, generally until 21. For children with disabilities, maintenance continues until they can earn a livelihood.

Although penalties for rape have become stricter and public awareness has increased, sexual violence continues to occur. Cases are filed and alleged perpetrators are arrested, but legal action alone cannot undo the physical and psychological harm suffered by survivors and their children. Financial maintenance, while necessary, cannot fully compensate for the difficulties faced by a child born of rape.

Therefore, securing the rights of these children requires more than making perpetrators financially responsible. Legal remedies must be accessible, and their social realities must be considered when enforcing existing provisions. Clearer legal safeguards are also needed regarding identity, maintenance, rehabilitation, inheritance and other fundamental rights. Children born of rape should not be made to bear the consequences of crimes they did not commit. Ensuring their legal rights, dignity and security is essential to giving them a fair chance to build their lives.