Introduction
Bangladesh enacted the Domestic Violence (Prevention and Protection) Act, 2010 to offer victims prompt civil protection, state assistance, and criminal legislation to penalise egregious acts of violence. Nonetheless, the criminal justice system rarely transforms such protections into dependable security. The protection is restricted as the said Act exclusively pertains to women and children within familial contexts, while the Penal Code, 1860 continues to classify most instances of coerced sexual intercourse within marriage as non-rape. Secondly, law enforcement, prosecutors, the judiciary, and legal aid organisations do not consistently employ evidence-based and risk-oriented methodologies that mitigate harm. Thirdly, and most crucially, targeted reforms aligned with European human rights standards and UN practices can not be implemented without necessitating substantial institutional alterations.
Legal Framework
The Domestic Violence (Prevention and Protection) Act, 2010 defines domestic violence as physical, psychological, sexual, or economic abuse of a woman or child by a partner, enabling magistrate courts to issue interim and final orders for protection, residence, custody, maintenance, and compensation, with violation constituting a criminal offence. These remedies complement other regulations under Section 35 of the said Act. Serious violence and sexual offences fall under the Penal Code, 1860 and the Women and Children Repression Prevention Act, 2000, which establishes special tribunals.
The State has developed several essential service pathways based on these laws. Medical college hospitals coordinate services for the Multi-Sectoral Programme on Violence Against Women and One-Stop Crisis Centres, linking medical, police, legal, and shelter support through the 109 helpline and national emergency number 999. Convictions linked to One-Stop Crisis Centres remain low, suggesting attrition in the justice chain rather than a deficiency in legal instruments.
Prevalence and Case for Due Diligence
The most recent Violence Against Women Survey 2024, conducted nationally by the Bangladesh Bureau of Statistics and the UN Population Fund (UNFPA), indicates that ever-married women experience a significant lifetime prevalence of intimate partner violence. This baseline fulfils the due diligence obligation of the State, in accordance with General Recommendation No. 35 of the Committee on the Elimination of Discrimination against Women, to prevent, protect, and prosecute. The damage is so extensive that reforms in the domestic justice sector must prioritise early risk identification, legally binding protections, and efficient service delivery.
Core Gaps in Substantive Coverage
Two gaps in the law limit the effectiveness of criminal justice. Firstly, the Domestic Violence (Prevention and Protection) Act of 2010 identifies only women and children as victims. While the Constitution provides special measures for them, the equality clause prohibits discrimination against others needing protection, making the protection restrictive and inequitable.
Secondly, exception 2 of section 375 of the Penal Code, 1860. It states that a husband is notguilty of rape when having sexual intercourse with his wife, provided she is above a certain age. The exception excludes most forced sexual intercourse in marriage from the definition of rape, undermining accountability for a common practice among marital partners and serving as a tactic of intimate partner abuse.
Criminal-Justice Practice: Where Outcome Falters
A. Police
Police are the primary governmental authority with which most survivors interact. Internationally published handbooks advocate for trauma-informed interviewing, structured risk assessment conducted at initial contact, and enhanced investigations independent of the survivor’s report. To implement these principles in Bangladesh, mandatory risk assessments must be conducted at police stations and for 999 calls, with direct referrals to the 109 helpline and One-Stop Crisis Centres, alongside the proactive preservation of evidence, including photographs of injuries, damaged property, digital communications, and witness accounts.
B. Prosecution
Prosecutors are mandated to ensure safety is established by promptly implementing interim protection orders under the Domestic Violence (Prevention and Protection) Act, 2010 following the initial report, while concurrently assessing charges under the Penal Code, 1860 or the Women and Children Repression Prevention Act, 2000 for more severe offences. The UN prosecution handbook recommends prompt communication with victims, assertive actions against intimidation incidents, and that prosecution decisions consider patterns of coercive control when feasible within the legal framework. Collaboration between legal-aid providers and shelters is essential to ensure that proceedings do not expose survivors to undue risk.
C. Courts
Magistrate courts ought to issue interim protection orders on the same day in emergencies and promptly enforce any breaches of the order. This ensures immediate safety for survivors, as delays in issuing or enforcing such rulings can expose them to further harm or intimidation. The residence and no-contact orders must be pragmatic, addressing child visitation while providing explicit directives for police enforcement. In-camera testimony and scheduling measures in criminal investigations prosecuted by special tribunals mitigate secondary victimisation. These can shield survivors from humiliation and re-traumatisation during proceedings. Together, these measures can be more effective and survivors-centered which will reduce the gap between legal relief and enforcement.
D. Legal Aid Service
The National Legal Aid Services Organisation funds the representation of indigents unable to pay fees and provides information and referral services. Establishing legal-aid desks in One-Stop Crisis Centres and high-volume court complexes would facilitate the immediate filing of enforcement orders by survivors.
Neglected or Under-Protected Groups
Paid Domestic Workers
Paid domestic workers often experience abuse in non-familial households, rendering them ineligible for protection orders under the domestic violence act. Responsibility is grounded in the overarching stipulations of the Penal Code pertaining to assault and sexual violence, which do not provide an equivalent civil protection framework. Independent reporting and research by the Bangladesh Institute of Labour Studies have documented significant harassment and violent conduct, limited bargaining capacity, and minimal awareness of emergency helplines. Despite the introduction of the Domestic Workers Protection and Welfare Policy in 2015, the implementation process has been sluggish, and the scope of domestic work largely exceeds the constraints of existing labour legislation. Bangladesh also has not ratified the ILO Conventions on the world of work and violence. Therefore, it’s imperative that the scope of the Domestic Violence (Prevention and Protection) Act should be expanded to explicitly include domestic workers.
Disability and Gender Identity
Notwithstanding the ratification of the Convention on the Rights of Persons with Disabilities in Bangladesh, numerous disability-specific risks, such as carer abuse, have been excluded from domestic violence frameworks. The treaty's assurances of access to justice and protection from exploitation and abuse could guide modifications to legislation or administrative operations. Provisions regarding constitutional equality facilitate appropriate adjustments in judicial and law enforcement contexts.
Comparative Benchmarks
The Istanbul Convention by the Council of Europe defines domestic violence as involving current or former spouses or partners, regardless of cohabitation, and prohibits discrimination in protective measures based on status, like sexual orientation and disability. In Opuz v. Turkey, the Court determined that systemic inaction violated positive obligations. The Court has recently criticised the enforcement issues of protection orders in Eremia vs Moldova and Talpis vs Italy, highlighting failures and discriminatory stereotypes. The EU Victims’ Rights Directive establishes minimum standards for information, support, protection, and participation, serving as a template for police, prosecution, and courts in Bangladesh. These mechanisms are not binding on Bangladesh, yet they provide practical tools that align with the country’s institutional design.
Recommendations
1. The Penal Code, 1860 permits non-consensual sex within marriage, which needs to be repealed or reformed to classify it as an offence. The guidelines must clarify that prosecutions under the Domestic Violence (Protection and Prevention) Act, 2010 do not exclude concurrent criminal prosecutions related to sexual violence.
2. The Domestic Violence (Protection and Prevention) Act, 2010 should be revised to protect anyone in a domestic or intimate relationship, including former and non-resident couples. A non discrimination provision should be inserted to align with constitutional equality and international principles.
3. Ensure quicker protection-order offices in magistrate courts. Risk assessment must occur at first contact, evidence preservation takes priority, referrals to 109 and One-Stop crisis centres are mandatory, and immediate arrest or court production is required for any violation of a protection order. Compliance statistics need to be accessible. Same-day interim orders should be standard in urgent cases, with compliance, enforcement, and victim-service uptake monitored quarterly.
4. Establish legal-aid desks in One-Stop Crisis Centres and Courts which are overburdened. To enforce a breach, application drafting and filing should occur on the first day of contact, followed by a follow-up.
5. Recognise workplace abuse at home. Household-workplace violence requires a specific solution that aligns with the protection-order instruments for paid domestic workers. Crimes involving assault and sexual offences must be prosecuted under the Penal Code. The 2015 policy needs to be implemented more quickly, and it’s essential to include ILO standards in new legislation.
6. The justice system shall include disabled people. Accommodation for police stations and courts will need practice directions regarding support persons, interpreters, and accessible formats, in line with treaty obligations and ensuring access to justice and protection from abuse.
Conclusion
Bangladesh already has numerous structural components necessary for an effective response to domestic violence, including rapid protection orders under the Domestic Violence (Prevention and Protection) Act 2010, specialised tribunals for serious offences, and primary access points such as the 109 help-line, the 999-emergency number, and One-Stop Crisis Centres. Nevertheless, the outcomes remain inadequate due to restricted personal protection, the prevalence of intimate partner violence, and inconsistent use of risk-based, evidence-based methodologies. The proposed reforms, which involve enhancing protection, expediting issuance and enforcement of protective orders, and ensuring law enforcement and prosecutors build cases independent of singular testimonies, can be realised within existing frameworks. If enacted, they would convert theoretical protections into tangible remedies for survivors.
Author:
Shaimun Haque
LL.B.(Hons.) Final Year
Department of Law, University of Chittagong.
