The Unheard Screams: Addressing the Regressive Culture of Rape and Inadequacy of Women’s Safety

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Introduction

On February 6, a Narayanganj garment worker was on her way home to Baluchar when she was stopped by Nuru and another suspect, Arif Sarkar. They led her to a remote location along the Dhaleshwari River, where they assaulted her.[1] Each year on March 8, we acknowledge the accomplishments, sacrifices, and contributions of women to the development of our nation. This year, the safety and justice of the unheard voices that are oppressed by social norms, legal shortcomings, and manipulative journalism shall be emphasized. In light of the disturbing increase in reported incidents of sexual harassment and rape, prompt action is required. Why are our sisters and mothers not safe to walk on the streets? What allows rapists to prey on helpless victims? The administrative authorities shall be held accountable for such deterioration of the law and order situation. Furthermore ending this violence will require us to work together as a society and demand changes. 
This paper delves into the causes of sexual harassment, specifically the absence of legal enforcement, and explores ways to navigate this issue so that victims can lead normal and safe lives.  Ain O Salish Kendra (ASK), a Bangladeshi legal aid and human rights organisation, reports that during the three years between 2018 and 2020, the number of rape cases rose by 122%.[2] In a desperate attempt to deter sexual attackers, the Bangladeshi government implemented the death penalty as the harshest penalty for rape cases on October 12, 2020.  In Bangladesh, 95% of urban and 88% of rural rapists reported that they had no legal repercussions for raping a woman or girl.[3]

Root Causes

Deeper societal problems like misogynistic views, a lack of moral guidance from the family, social conditioning, and inadequate legal systems that allow offenders to get away with it are difficult to address. There may be a close relationship between patriarchal communities’ gender inequality and how the criminal justice system handles rape cases. A specific societal stance regarding sexual assault has emerged. The idea that women are inferior to men and should be treated as such has deep cultural roots. The media has normalised sexual violence, which has desensitised society to real assault and hindered action against it.  Rather than the perpetrator, the victim of an assault is typically the one who is held accountable and blamed.
In particular, it frequently causes women and their families to worry about losing their and the family’s honour—a notion that links women’s bodies to value and is connected to several interconnected problems in South Asia and elsewhere. The consequences of sexual assault serve to further reinforce the unequal power dynamics between men and women, as well as women’s subordination in society. In a study, it was found that 30% of Bangladeshi women reported their first sexual experience as forced. Furthermore, the dominating behaviour or attitude of males towards women is more like society becomes biased towards men and examines every step of women, and our inclination towards victim-blaming culture makes the scenario worse for women. Hans Joachim Schneider’s idea of “cultural victimisation” shows how strong groups try to hurt the other side, and the events in Bangladesh support this kind of theory. Aside from the primary causes, there are some secondary causes, such as the increase in drug addiction among younger generations, lack of basic sex education, abuse of political power, and easy availability of pornography.

The Fight for Justice and Change

The UN Women Executive Director Phumzile Ngcuka said: “If I could have one wish granted, it might well be a total end to rape.” [4] In our corpus juris there are special laws, including Nari O Shishu Nirjatan Daman Ain, 2000 for ensuring women’s safety, which is not exhaustive as it does not criminalise sexual harassment, which ultimately results in violation of Article 10, 19(1), 27, 28(2), 31,32 of the Constitution.  [5] Consequently, the situation grew worse and then ‘to eliminate rape’, in 2020, Nari O Shishu Nirjatan Daman(Amendment) Act legalized capital punishment for rape due to penal populism[6],
yet it has failed to provide effective justice for victims. Previously, in 2007, a proposed Crime Victim Compensation Act, which would offer compensation for the physical, financial, and psychological harm caused to rape victims, has not yet been enacted.[7] Furthermore, The Penal Code, 1860 is vague in defining rape as an offense, effectively legalizing marital rape.[8] It prescribes punishment of life imprisonment or ten years, along with a fine. The punitive measures for rape have been significantly weakened without adequate justification, particularly in cases where the victim is the rapist’s wife and over 12 years old.[9] It provides an overly broad exception that exempts husbands from gang rape charges.[10] In a word, despite numerous legal provisions, many of which are backdated or amended, there has been a persistent lack of effective remedies for rape victims.

Role of social movements

The 2020 protest against excessive increase in rape gave rise to a penal populism,[11] but after 5 years, has it been successful in reducing the rate of rape? The answer is no. Until now, there has been no conclusive evidence showing that the death penalty acts as a deterrent for any crime, including rape. Imposing the death penalty for rape in Bangladesh may instead lead to subsequent murders by killing the eye witness, deterring more victims from reporting the crime. According to Amnesty International, the death penalty does not reduce crime rates, rather, it continues the cycle of violence.[12]

 

Hopeful Future: Solutions & Call to Action                                         

The bias in the justice system’s response to sex crimes affects victims’ perception of whether they were victims of a crime.[13] In Bangladesh, Rape and sexual offence conviction rates are much lower than acquittal rates in Women and Children Repression Prevention Act Tribunals.[14] Though it has been 15 years, the Supreme Court of Bangladesh has imposed guidelines for women’s safety from sexual harassment and directed the legislature to make stronger laws. Our legislature is sluggish in amending and promulgating laws despite these guidelines in the BNWLA case, ignoring the constitutional mandate. Concomitantly, Zero FIR can be a great concept for taking prompt action for crimes against women, regardless of jurisdiction.[15] Though the High Court Division in Naripokkho case has played proactive role to fill up the legal vacuum by establishing Zero FIR in the cases relating to commission of cognizable offence including rape, sexual assault or like nature, there is no visible implementation in the legal realism jurisprudence.[16] 
The definition of rape shall be amended to include any act of a sexual nature which is committed towards a person in circumstances which are coercive.[17] Unfortunately, law enforcement agents are often reluctant to take cases and have been reported to be violent towards complainants.[18] 
Moreover, inconsistencies and gaps in existing laws, coupled with limited implementation, hamper efforts to prevent violence and ensure justice for victims. There is a clear need for a comprehensive and gender-responsive law on violence and harassment in the workplace.[19]Eventually, women’s Education, empowerment and awareness across the country need to be ensured for the sake of the implementation of women’s safety.

Women’s safety initiatives

Successful protests, both public and on social media, have raised awareness against rapists. Despite amendments in laws, society still struggles to acknowledge the severity of rape. Ensuring women’s safety requires a multi-layered approach, combining societal, legal, and personal strategies. Such as:
  1. 1. Legal and Social Reforms: Governments should enforce strong laws against sexual violence and prioritize quick legal action to deter offenders. Educating children about consent and respect early on can transform societal attitudes towards equality.
  2. 2. Community and Environmental Safety: Increased street lighting reduces risks, while women-only spaces in public transport and safety measures like CCTV enhance safety. Accessible support systems can provide immediate aid.
  3. 3. Self-Protection Measures: Learning martial arts and self-defense can be crucial for safety. Tools like pepper spray, alarms, and safety apps are helpful in emergencies. Trusting instincts and exercising caution in risky areas is important.
Culturally, we need to eliminate victim-blaming and hold perpetrators accountable. It’s vital to teach boys and men to respect boundaries and intervene in harassment situations. Ultimately, while personal safety measures are beneficial, society must create an environment where women can live without fear.

Conclusion

Women’s Day has to go beyond celebration to confront the issue of  “women’s lack of safety to move freely”, a violation of fundamental human rights as well as constitutional rights. In fact, toxic patriarchal norms, victim blaming, and the unaccountability of the perpetrators limit women’s freedom of movement because of inadequacy of safety, which is a by-product of statutory and policy loopholes. 
Women’s Day should thus act as a spark for “real change”, needing specific actions, including better statutory implications and executions, safer public transportation and gender-sensitive policies enabling women to navigate public environments without fear. The slogan for every woman should be reflected in the following quote:

“I am no bird; and no net ensnares me: I am a free human being with an independent will.”

–Jane Eyre, Charlotte Brontë.

References 
  1. 1. Staff Correspondent, ‘Garment Worker Gang-Raped in Munshiganj, 1 Arrested’, The Business Standard, (22 February 2025). <https://www.tbsnews.net/bangladesh/crime/garment-worker-gang-raped-munshiganj-1-arrested-1075001> accessed 6 March 2025. 
  2. 2. Fahad Imtiaz Rahman, Sadia Afruz Ether and Md Rabiul Islam, ‘The growing rape incidences seems an epidemic turn of sexual violence in Bangladesh’ (2021) 17 Sage Journals 1-3.
  3. 3. Aisha Binte Abdur Rob and Sarah Thompson, ‘A Crisis of Rape in Bangladesh: Opportunities for Faith Engagement’ (2021) Berkley Center for Religion, Peace, and World Affairs. <https://repository.digital.georgetown.edu/handle/10822/1084648> accessed 6 March 2025.
  4. 4. Alexander Lee, ‘Bangladesh Rape Laws’(2021) (Durham Asian Law Journal, 6 January 2021). <https://www.durhamasianlawjournal.com/post/bangladesh-rape-laws> accessed 5 March 2025.
  5. 5. Bangladesh  National  Women  Lawyers  Association  (BNWLA) represented  by  its  Executive  Director , Ms. Salma  Ali v Government  of  Bangladesh  and  others (2009) 29 BLD 415.
  6. 6. Margarita Dobrynina, ‘The Roots of “Penal Populism”: The Role of Media and Politics’ (2017) 4(4) Kriminologijos studijos 98.
  7. 7. Nilima Jahan, ‘Crime Victims Compensation Act: A law that never saw the light’, The Daily Star (25 November 2023)<https://www.thedailystar.net/news/bangladesh/news/crime-victims-compensation-act-law-never-saw-the-light-347816> accessed 5 March, 2025.
  8. 8. Penal Code 1860,  s 375.
  9. 9. Penal Code 1860,  s 376. 
  10. 10. R. Sai Spandana, ‘Challenges to the Marital Rape Exception | Day 1: The Law is Patriarchal and Violates the Fundamental Rights of Married Women, argue Petitioners’ (Supreme Court Observer, 17 October 2024) <https://www.scobserver.in/reports/challenges-to-the-marital-rape-exception-day-1-the-law-is-patriarchal-and-violates-the-fundamental-rights-of-married-women-argue-petitioners/> accessed 5 March 2025.
  11. 11. Editorial, ‘Bangladesh: Protests Erupt Over Rape Case’, (Human Rights Watch, 9 October 2020) <https://www.hrw.org/news/2020/10/09/bangladesh-protests-erupt-over-rape-case> accessed 5 March, 2025.
  12. 12. Amnesty International, ‘Does the Death Penalty Deter Crime? Getting the Facts Straight’ (2021) <https://www.amnesty.org/fr/wp-content/uploads/2021/06/act500062008en.pdf> accessed 6 March, 2025.
  1. 13. Michael R. Rand & Callie Marie Rennison, ‘Bigger is not Necessarily Better: An Analysis of Violence Against Women        Estimates from the National Crime Victimization Survey and the National Violence Against Women        Survey’ (2005) 21(3) Journal of Quantitative Criminology 267-271.
  2. 14. Taslima Yasmin, ‘Sexual Violence in Bangladesh: Addressing gaps in the Legal Framework’ (2017) 28 DULJ 109.
  3. 15. Falguni Mozammel and Tanzima Akter Sum, ‘Women’s Safety in Transport Concept of Zero FIR and Jurisdictional Gaps in Bangladeshi Criminal Justice System’ (2021) 19(2) BILIA 5.
  1. 16. Naripokkho and Ors v Bangladesh and Ors (2020) 25 BLC 659.
  2. 17. The State v. Md. Moinul Hoque and Others (2001) 21 BLD (HCD) 485.
  3. 18. Bangladesh Legal Aid and Services Trust (BLAST), Conference Report of Rape Law Reform in Bangladesh, 2018.
  4. 19. Taslima Yasmin, Overview of Laws, Policies and Practices on Gender-based Violence and Harassment in the World of Work in Bangladesh (International Labour Organization, 2020).

 

Authors:
On behalf of the research and legal assistance team of Anukul
◉ Sabrina Sadia Ria, Department of Law, University of Dhaka.
◉ Sabrin Akter Keya, Department of Law, University of Dhaka.
◉ Ismath Shamma Rahman, School Of Law, BRAC University.
◉ Kaushik Dutta, Department of Law, East West University.
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