Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010 Bangladesh National Woman Lawyers’ Association
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010 Bangladesh National Woman Lawyers’ Association
Publication Year: June 2013 Published by Bangladesh National Woman Lawyers’ Association, Monico-Mina Tower, 48/3 West Agargaon Dhaka 1207, Bangladesh Ph: 880-2-8112858, 8125866 Fax: 880-2-8125866 E-mail:
[email protected] Web: www.bnwlabd.org
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© Bangladesh National Woman Lawyers’ Association (BNWLA) Copyright reserved by BNWLA. No part of this publication may be reproduced or transmitted in any form or by any means without prior permission in writing from the publisher. However, information furnished herein may be used for publications with due reference. Persons involved in unauthorized act in relation to this publication shall be liable to both penal and civil actions as per laws of Bangladesh.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
PREFACE
“There is one universal truth, applicable to all countries, cultures and communities: violence against women is never acceptable, never excusable, never tolerable.” - United Nations Secretary-General, Ban Ki-Moon (2008)
Bangladesh identifies itself as a welfare state thereby creating a duty to extend its commitment to societal welfare to all its population, including women. Consequently, it should have zero tolerance towards violence against woman in any sphere of life. However, in reality, domestic violence is widely tolerated throughout society. As a result of the patriarchal values entrenched in society, women are generally viewed as inferior and hold a subordinate position in every sphere of their lives, especially within the home. Therefore, the violence resulting from these pre-determined views is common and destroys the goal of equality among genders and within familial relationships. However, when Bangladesh signed the Convention to Eliminate All Forms of Discrimination against Women (CEDAW) on 6 November, 1984, it created an international obligation to take initiative to prevent all types of discrimination and violence against women, including domestic violence. As a signatory of CEDAW, successive Bangladeshi governments followed the spirit of CEDAW by enacting several laws designed to protect women and address discrimination including the Women and Children Repression Prevention Act 2000, Birth and Death Registration Act 2004, the Village Court Act 2006, Representation of People’s (Amendment) Ordinance 2008, the Citizenship Amendment Act 2009, and the Right to Information Act 2009. However, without addressing domestic violence, all of these attempts to eliminate discrimination would be in vain. As the existing legal framework failed to identify or address domestic violence, a woman was able to take actions for her rights, justice, and protection against an outside perpetrator, but she was not safe inside her house or from her own family members. Consequently, she was left to tolerate the abuse and accept it as her fate. In addition, there is a culture of silence surrounding domestic violence as women are pushed to stay silent and to accept abuse as part of her daily life.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
It was in this context that civil society and women’s rights organizations, including Bangladesh National Woman Lawyers’ Association (BNWLA), advocated for the enactment of legislation on domestic violence. After several years of advocacy efforts, the Domestic Violence (Protection and Prevention) Act 2010 (DVPPA) was passed by the House of Nation of Bangladesh on 5 October, 2010. The DVPPA is a revolutionary attempt by the Government to protect women from violence occurring inside the home. Historically, matters occurring inside one’s home have been considered to be “private,” falling outside the purview of the State. Article 43(a) of the Bangladesh Constitution guarantees the protection of one’s home from entry, search and seizure on the ground of privacy subject to some restrictions imposed by law. For this reason, the DVPPA is a commendable attempt to protect women from violence inside the home. One of the major features of the DVPPA is that the definition of domestic violence under the Act includes not only physical and sexual abuse, but also psychological and economic abuse. Additionally, the DVPPA introduces some unique remedies designed to provide relief to a victim of domestic violence including an interim protection order, protection order, residence order, compensation order, and custody order. Furthermore, the Act introduces stakeholders, namely Enforcement Officers, Police Officers, Service Providers, Medical Service Providers and Shelter Homes, to ensure the victim receives the intended relief as provided through court orders. Over two years have passed since the DVPPA was enacted in 2010. As with any law, its effectiveness depends on its implementation. For the DVPPA, the effectiveness depends largely on the law’s stakeholders. This report aims to monitor the implementation of the DVPPA to date and determine whether the infrastructure designed for the implementation of the Act are working effectively and whether victims are benefiting from the law’s remedies. Through interviews with stakeholders and review of primary and secondary sources, this report assesses the present status of the Act’s implementation, identify constraints and challenges faced by stakeholders in the course of implementation, and to make recommendations for improvements. In addition, the report examines 102 cases that have filed under the DVPPA. Although this number of cases represents a very small fraction of the domestic violence that is occurring, it is encouraging to see that women are seeking relief under the law when previously, they might have remained silent. Notwithstanding the increased awareness among domestic violence victims, the monitoring report found that the effective implementation of the Act is being hindered by a lack of conceptual clarity about the law, stakeholder awareness of roles and responsibilities, legal training, and logistical support. Going forward, BNWLA plans to publish annual reports in both English and in Bangla monitoring the implementation of the DVPPA. It is my hope that through regular monitoring of the continued implementation of the DVPPA, BNWLA, as a leading national level organization, will encourage the Government to take all necessary steps to ensure the effective implementation of the DVPPA rather than stopping at the mere enactment of the Act.
Salma Ali Executive Director, BNWLA July 2013
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
ACKNOWLEDGEMENTS
It is a matter of great pleasure for BNWLA to publish this report titled “Ending Impunity: Monitoring Report on the Implementation of the Domestic Violence (Prevention and Protection) Act 2010. This report emphasizes the implementation challenges of the DVPPA and its remedial measures. I am especially indebted to Adv. Fawzia Karim Firoze, President of BNWLA, for her cordial advice and guidance in the production and publication of the report. Special gratitude goes to the research team consisting of Adv. Mitali Jahan, Program Manager, Mohammed Abu Hanif, Senior Program Officer (Field Operation), and Adv. Md. Ariful Islam, Program Officer (Legal and Research) for their relentless efforts and contributions to the study through analytical description. Special thanks also go to all staff and partners of BNWLA who have collected data and information from various field levels. In addition, special acknowledgements go to the different government agencies and stakeholders for their great support and cooperation in providing necessary data and information. I would also like to express my profound gratitude to BLAST and ASK who provided information regarding the current status of domestic violence cases filed. Finally, special thanks go to Lindsay Henson, legal intern, for her great contributions and efforts to make the report of highest quality and user friendly. I feel honored to dedicate this report to the members of the community with the hope that it will create an opportunity for them to obtain a clear picture on the issue and also to increase awareness about their rights. In addition, it is my hope that this report will be helpful for the actors and stakeholders who are directly involved in the implementation of the DVPPA as it will make them more aware about their responsibilities under the new law.
Salma Ali Executive Director, BNWLA
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
TABLE OF CONTENTS
Chapter 1: INTRODUCTION.......................................................................................1 Chapter 2: OBJECTIVE AND METHODOLOGY..................................................................1 Objective.......................................................................................................1 Methodology............................................................................................ 1 Limitations of the Study......................................................................................2 Chapter 3: SETTING THE CONTEXT.............................................................................3 Situational Analysis on Domestic Violence in Bangladesh...............................................3 Factors Associated with Domestic Violence...............................................................4 Shortcomings of Pre-2010 Legal Framework in Combating Domestic Violence......................5 The DVPPA Drafting Process..................................................................................7 Chapter 4: OVERVIEW OF THE DOMESTIC VIOLENCE........................................................9 (PREVENTION AND PROTECTION) ACT, 2010 Summary of the Key Features of the DVPPA...............................................................9 Summary of Trial Procedure............................................................................... 12 Summary of the Rules....................................................................................... 13 Chapter 5: INFRASTRUCTURE FOR IMPLEMENTATION OF DVPPA........................................ 15 Enforcement Officers....................................................................................... Police Officers................................................................................................ Service Providers............................................................................................ Medical Service Providers.................................................................................. Shelter Homes...............................................................................................
15 22 25 26 27
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Chapter VI: CHALLENGES IN IMPLEMENTATION............................................................. 29 Chapter VII: COURT ORDERS................................................................................... 31 Cases Filed under the DVPPA.............................................................................. 31 Select Case Studies......................................................................................... 33 Chapter VIII: RECOMMENDATIONS............................................................................. 41 General Recommendations for Improved Implementation............................................ 41 Recommendations from Judges on DVPPA and Implementation...................................... 42 Recommendations from EOs on the Rules............................................................... 43 Concluding Remarks......................................................................................... 43 LIST OF TABLES Table 1: Summary of Roles and Responsibilities of Enforcement Officer................................. 17 Table 2: Location of Enforcement Officers Interviewed.................................................... 18 Table 3: Knowledge Levels of Enforcement Officers on DVPPA and Roles and Responsibilities....... 19 Table 4: Location of Police Officers Interviewed............................................................. 23 Table 5: Knowledge Levels of Police Officers on DVPPA and Roles and Responsibilities................ 24 Table 6: Number and Status of Domestic Violence Cases Filed by Division.............................. 32 LIST OF FIGURES Figure Figure Figure Figure Figure
1: Duties Performed by Enforcement Officers under the DVPPA.................................. 20 2: Enforcement Officer’s Participation in Trainings, Workshops, or Meetings................... 21 3: Participation of Police Officers in Training/Workshop/Meeting................................ 24 4: Awareness and Experience of Medical Officers................................................... 27 5: Awareness and Experience of Responsible Officer of Shelter Homes.......................... 28
LIST OF ANNEXURES Annexure 1: Domestic Violence (Prevention and Protection) Act, 2010 (English Version)............. 44 Annexure 2: Gazette Notification dated 30 December, 2010.............................................. 56 bringing the DVPPA into force (Bangla) Annexure 3: Government Notification to the Office of DWA assigning District Woman Affairs........ 57 Officers to perform as Enforcement Officers under the DVPPA (Bangla) Annexure 4: Newspaper Articles on Domestic Violence (Bangla).......................................... 58 Annexure 5: Sample Domestic Incident Report (DIR) (Bangla)............................................. 59 Annexure 6: Questionnaires used during Stakeholder Interviews......................................... 61
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
ABBREVIATIONS & ACRONYMS
ASK
Ain O Salish Kendra
BLAST Bangladesh Legal Aid and Services Trust BNWLA Bangladesh National Woman Lawyers’ Association BPFA
Beijing Declaration and Platform for Action
CiDV
Citizen’s Initiative against Domestic Violence
CEDAW Women
Convention to Eliminate All Forms of Discrimination against
CrPC
Code of Criminal Procedure
DVPPA Domestic Violence (Prevention and Protection) Act 2010 EO
Enforcement Officer
MoWCA
Ministry of Women and Children Affairs
UNFPA
United Nations Populations Fund
VAW
Violence against Women
WAO
Woman Affairs Officers
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Chapter
1
INTRODUCTION
Women throughout the world are victims of violence on a daily basis. In fact, violence against women (VAW) is one of the most pervasive human rights violations worldwide, regardless of any distinction as to geography, culture and wealth. A report published in June 2013 by the World Health Organization stated that over one-third of women worldwide have experienced either physical and/or sexual intimate partner violence or non-partner sexual violence.1 While violence is a traumatic experience for any person, gender-based violence, primarily inflicted by men against women and girls, both reflects and reinforces inequalities between men and women and compromises the health, dignity, security, and autonomy of its victims. Furthermore, VAW imposes obstacles to the full participation of women in social, economic, and political life. In the broadest sense, VAW is any violation of a woman’s personhood, mental or physical integrity, or freedom of movement through individual acts and societal oppression. It includes the ways our society objectifies and oppresses women.2 Despite its prevalence across cultures, violence occurring in the “private” sphere by “private actors”, as is the case in domestic violence, is surprisingly under-recognized as a human rights issue historically. It was only in 1993 that VAW came to the forefront of the international community when it was formally recognized in the United Nations Declaration on the Elimination of VAW. In that Declaration, VAW was defined not only as freedom from violence, but also freedom from the threat of violence. After that point, norm setting around the issue of VAW was brought about by the sustained advocacy efforts of the global women’s rights movement. Specifically, the creation of the Vienna Accord of 1994, the Beijing Declaration and Platform for Action (BPFA) of 1995, and CEDAW
1 2
Global and regional estimates of violence against women: prevalence and health effects of intimate partner violence and nonpartner sexual violence. World Health Organization. 2013. p. 2, available at < http://apps.who.int/iris/bitstream/10665/85239/1/9789241564625_eng.pdf> Our Bodies, Ourselves for the New Century, by the Boston Women’s Health Book Collective, Published by Touchstone, a division of Simon & Schuster Inc., Copyright © 1984, 1992, 1998.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
of 1979. The BPFA was crucial in identifying VAW as a priority issue and an obstacle to achieving equality, development, and peace. Notably, the BPFA definition of VAW included violence occurring in the private life and within the family: Any act of gender based violence that result in, or likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life. Violence against women thus encompasses a broad range covering physical, sexual and psychological oppression occurring in the family, community, public place or in state custody. In order to address domestic violence, the National Parliament passed the Domestic Violence (Protection and Prevention) Act 2010 on 5 October, 2010 which incorporates the spirit of the BPFA and CEDAW, pierces the veil of privacy, and brings human rights standards into the home. This report monitors the implementation of the DVPPA.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Chapter
2
OBJECTIVE & METHODOLOGY
Objective This report seeks to assess the functioning of the DVPPA and to identify the major challenges to its full implementation including constraints faced by those stakeholders charged with the Act’s implementation. In addition, this report seeks to provide recommendations for improvements to implementation.
Methodology The study utilized both primary and secondary method in order to ascertain the effectiveness the DVPPA in combating domestic violence in Bangladesh as well as to assess the status of implementation of the Act on the ground. At the outset of study, the study team extensively analyzed the DVPPA and Draft Rules including the legal provisions, roles of stakeholders, and procedures of seeking remedies. The study team then developed questionnaires for each of the relevant stakeholders (enforcement officers, police officers, service providers, shelter homes, and medical service providers) focusing on conception, implementation status and challenges, personal experience, and limitations of the DVPPA. A team of project lawyers conducted interviews with the relevant stakeholders groups from January through March, 2013, and gathered information based on questionnaires. Specifically, the team interviewed twelve (12) Enforcement Officers, ten (10) police officers, five (05) medical service providers, and five (05) persons responsible for shelter homes. Information gathered during these interviews is presented in Chapter V of this report. The study team also interviewed lawyers actively bringing cases under the DVPPA in different areas to develop case studies presented in Chapter VII of this report.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
In addition, information presented in this report also reflects the reflections, opinions, and recommendations of government and non-government officials collected through various meetings and interactions. This includes opinions and recommendations collected from judges, enforcement officers, and other concerned authorities through multiple sharing sessions conducted by BNWLA. Finally, information was also collected from various secondary sources including Government reports and documents, publications by other concerned organizations, newspapers newsletters, organizational reports, conceptual documents, and policy documents.
Limitations of the Study One of the major limitations of the study is that it is very difficult to ascertain the actual number of cases filed under the DVPPA. The study team initially attempted to collect information from the Court of Judicial Magistrate and the Court of Metropolitan Magistrate, the concerned Court assigned to handle domestic violence matters. However, neither of these concern Courts have any record keeping system that would allow one to identify how many cases have been filed under a particular law, including the DVPPA. Instead, the information regarding cases filed was collected from the three primary legal aid service providers: BNWLA, Bangladesh Legal Aid and Services Trust (BLAST), and Ain O Salish Kendra (ASK) and only represents cases filed under the DVPPA by those three organizations. An additional limitation of the study is that areas selected for interviewing stakeholders are areas in which BNWLA already has programmatic interventions and is working in those communities to educate stakeholders and file cases under DVPPA. It is likely that stakeholders interviewed from these areas have a more progressive and enlightened view of the DVPPA based on interactions with BNWLA programs that is not representative of views held countrywide, especially in areas where BNWLA does not have a presence. However, the study team faced difficulties in trying to obtain information from the stakeholders of these other areas. Despite these limitations, this report provides a helpful analysis of the current state of implementation of the DVPPA and major challenges to implementation.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Chapter
3
SETTING THE CONTEXT
Situational Analysis on Domestic Violence in Bangladesh Article 28 of the Constitution of Bangladesh guarantees that “women shall have equal rights with men in all spheres of the State and of public life” in addition to expressly prohibiting gender discrimination. Furthermore, as a signatory of CEDAW, Bangladesh has an international commitment to eliminate all discrimination against women. However, in reality, there is considerable divergence between the constitutional provisions and international commitment as they exist in theory and in practice. Violence against women is a common phenomenon in Bangladesh and occurs in different forms with one of the most prevalent forms of violence being domestic violence. In a report published by the Law Commission of Bangladesh prior to the enactment of the DVPPA, they stated “domestic violence in Bangladesh is not a rarity but phenomenal in prevalence.”3 Yet, despite its prevalence, the government has yet to fund a large-scale incidence and prevalence study in order to assess the number of relationships affected or the frequency of violent attacks in each case. In a 2007 nationally representative Demographic and Health Survey of over 10,000 households, 53% of all ever-married women surveyed reported having experienced some form of physical and/or sexual violence by their husband.4 Similarly, a Bangladesh National Human Rights Commission Report stated that 62% of married women 3
In a report published by the Law Commission of Bangladesh prior to the enactment of the DVPPA, they stated “domestic violence in Bangladesh is not a rarity but phenomenal in prevalence.” See Government of the People’s Republic of Bangladesh, the Law Commission, A Final Report on the Proposed Law of Domestic Violence along with a draft bill namely, the Domestic Violence Act, 200…, December 29, 2005. Available at http://www. wcwonline.org/pdf/lawcompilation/BangladeshDomesticViolence%20Law%20draft.pdf.
4
National Institute of Population Research and Training (NIPORT), Mitra and Associates, and Macro International. 2009. Bangladesh Demographic and Health Survey 2007. Dhaka, Bangladesh and Calverton, Maryland, USA: National Institute of Population Research and Training, Mitra and Associates, and Macro International, p. 201.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
reported being beaten by their husband and family members. From January to September 2012, 394 incidences of domestic violence were reported, yet cases were filed in only 54 cases under various laws. 5 However, in Bangladesh, domestic violence is so commonplace that it is often not thought of as anything other than an accepted part of daily life. One report stated that over 63% of married women responded that violence against wives is acceptable.6 In many instances, women are deprived of her economic rights like dower, inheritance rights, and even of her own earnings. As a result of the patriarchal values entrenched in society, women are generally viewed as inferior and hold a subordinate position in every sphere of their lives, especially within the home.7 Unsurprisingly, a 2003 assessment of Bangladeshi men’s attitudes revealed a belief that a husband had the right to control his wife, and use of violence if necessary.8 Given this commonly held perception, by both men and women, that domestic violence is normal, victims of violence rarely speak out against the violence or take legal action against perpetrators of violence. In the 2003 WHO report, 66% of women who were physically abused by their husband never told anyone about the violence and more than 93% of physically abused women never sought help for the violence.9 There are a number of reasons why domestic violence goes under reported. A victim’s financial dependence, fear of increasing abuse, social stigma, or lack of awareness of legal rights and legal counseling services can prevent a woman from speaking out against abuse. Consequently, victims may only report domestic violence when it becomes a serious problem or threatens their lives. Even in cases where women do report domestic violence to law enforcement, because domestic violence is considered to be a personal or family matter, police often fail to respond in an appropriate and gender-sensitive manner. Nevertheless, domestic violence has significant adverse consequences on a woman’s physical, mental, sexual, and reproductive health. Female homicide, maternal mortality, injuries, pain, dizziness, memory loss, problems with walking, and caring out daily activities are all direct health problems for women in Bangladesh caused by physical violence they endure. In addition, women who are physically and/or sexually abused face difficult reproductive health problems, such as pelvic pain, reproductive tract infections, symptoms of irritable bowel syndrome, gynecological problems during pregnancy, miscarriages, and low birth weight babies. In addition, women are vulnerable to contracting sexually transmitted diseases from their abusive husbands. Furthermore, fear, anxiety, fatigue, and sleeping and eating disturbances are common psychological problems suffered by abused women. Such physical, sexual, and psychological abuse has pushed women to commit suicide. In other cases, women have been murdered by the perpetrator of abuse.
5
BNWLA Resource Center.
6
Bangladesh National Human Rights Commission Report.
7
Ameen, Nusrat. Wife Abuse in Bangladesh: An Unrecognised Offence. Dhaka: UP, 2005. Print., p. 4; Farouk, Sharmeen A. “Violence Against Women: A statistical overview, challenges and gaps in data collection and methodology and approaches for overcoming them.” Expert Group Paper prepared for Expert Group Meeting for UN Division for the Advancement of Women. April 2005. p. 2.
8
Rafi, Mohammad, Dilruba Banu, Md. Abdul Alim, and Shaheen Akter. “An Assessment of Male Attitude Towards Violence Against Women.” BRAC, May 2003., p. v.
9
WHO Multi-country Study on Women’s Health and Domestic Violence against Women Bangladesh Factsheet available at
.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Factors Associated with Domestic Violence Domestic violence frequently arises out of very trivial matters in daily life. The most frequently mentioned reasons for violence included questioning the husband in day-to-day matters, the failure of the wife to perform household work satisfactorily, refusal to have sex, economic hardship of the family, failure of the wife to take proper care of the children, inability to bring money from parental home, not taking good care of in-laws and relatives, and not giving permission for a husband’s second marriage. In some cases, women are accused of provoking the violence by their disobedience and/or failures as a wife. Another reason for abuse by the husband or in-laws is a woman’s inability to give birth to a child or to a son. In such instances, a woman will face verbal, mental, or physical abuse, be forced to conceive until a male child is born, or her husband divorces her or marries again. Yet another common reason for abuse is a woman’s inability to fulfill her husband or in-laws demand of dowry, despite dowry being prohibited. While men from lower socio-economic backgrounds have a greater probability of perpetrating violence against their wives, well-educated men from better socio-economic backgrounds also commit violence against the female members of his family. In addition, slum dwellers, alcohol and drug users, men who are infected with sexually transmitted diseases tend to be more violent to their wives. In some cases, witnessing violent behavior at parental home increase the likelihood of either being violated or perpetrating violence against others. In addition, a woman’s age, education, economic autonomy, empowerment, previous victimization and marital duration can all be factors associated with domestic violence. For example, younger women are more at risk of domestic violence than older women. To that end, child marriage, which is very common in rural areas, contributes to the high rates of domestic violence. Finally, the United Nations Populations Fund (UNFPA) noted that “VAW in Bangladesh has largely been aggravated by certain socio-cultural factors such as lack of gender equality, lack of awareness and knowledge about rights, poverty, low educational level, women’s position in the family and cultural taboos regarding violence and rape.”10
Shortcomings of Pre-2010 Legal Framework in Combating Domestic Violence Despite the prevalence of domestic violence in Bangladesh, the existing legal framework before the enactment of the DVPPA failed to provide any effective remedy for victims of domestic violence. The existing legal framework could be divided into three categories: civil law, criminal law, and special protective legislation for women. However, none of these laws specifically addressed or provided relief for domestic violence. The only remedy for a victim of domestic violence under the civil law would be to seek a divorce under the Dissolution of Muslim Marriage Act, 1939 which provides that a Muslim woman can seek divorce on the basis of physical or mental cruelty by their husband. However, in many instances, this may seem like a hollow solution for a woman who is not interested in or able to seek a divorce for either cultural or practical reasons.11
10 11
UNFPA advocacy programme to End Gender Based Violence Through the Ministry of Women and Children Affairs, GOB. Ameen, Nusrat. Wife Abuse in Bangladesh: An Unrecognised Offence. Dhaka: UP, 2005. Print., pp. 53-54, 58.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Legal Framework in Bangladesh before Enactment of DVPPA in 2010 n
The Penal Code, 1860
n
The Dissolution of Muslim Marriage Act, 1939
n
The Muslim Family Law Ordinance, 1961
n
The Muslim Marriage and Divorce Registration Act, 1974
n
The Children’s Act, 1974
n
Dowry Prohibition Act, 1980
n
The Family Court Ordinance, 1985
n
The Women and Children Repression Prevention Act, 2000 (amended 2003)
n
Acid Crime Prevention Act, 2002
Under Bangladesh’s criminal law, based on laws inherited from the British and laid down in the Penal Code of 1860, all forms of physical violence and some forms of psychological violence, such as threats of violence, constitute a criminal offense. Yet, while a criminal prosecution is encouraged in the case of an assault by a stranger, violence committed by a husband against his wife is not viewed as an offense in practice and women are advised to seek mediation instead of criminal prosecution under criminal law. In practice, domestic violence is viewed differently from stranger violence and is confined to the “private sphere” making it very difficult for a victim of domestic violence to seek relief under the criminal law.12
Limitations of the pre-2010 Legal Regime in Addressing Domestic Violence n
No definition of term ‘domestic violence’ or legal recognition as an offence
n
No legal recognition of a woman’s right to a residence free from violence
n
Legal relief for violence only available after the incident of violence occurred
n
No legal provisions for interim protection
n
Relief available under civil laws involved protracted legal proceedings without any guarantee of a satisfactory outcome
n
Criminal laws lacked opportunity for negotiations
Over the last 30 years, several pieces of legislation have been enacted to combat specific forms of violence against women including the Dowry Prohibition Act; 1980, the Woman and Children Repression Prevention Act, 2000 (amended 2003); and the Acid Crime Prevention Act, 2002. However, each of these laws falls short in addressing various forms of abuse occurring in the domestic sphere. For example, the Woman and Children Repression Prevention Act, 2000 (amended 2003) only creates an offense for causing death, an attempt to cause death, or grievous hurt on simple hurt in cases related to dowry.13 However, this Act failed to create an offense for causing psychological harm in demanding dowry or for any physical injury that was unrelated to dowry. Therefore, before the enactment of the DVPPA in 2010, the existing legal framework lacked specific provisions for the protection of women suffering from domestic violence.
12
Ameen, Nusrat. Wife Abuse in Bangladesh: An Unrecognised Offence. Dhaka: UP, 2005. Print., pp. 47-49.
13
Women and Children Repression Prevention Act 2000 (amended in 2003), section 11.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
The DVPPA Drafting Process In light of the major shortcomings of the existing legal framework to address domestic violence as discussed above, civil society and women rights organizations engaged in advocacy efforts, demanding an independent piece of legislation to specifically combat domestic violence. BNWLA was one of the leading organizations in those advocacy efforts having firsthand experience providing legal aid to women subjected to domestic violence. In 2004, BNWLA conducted an extensive study titled “Domestic Violence: In search of legal framework” which studied the perception of domestic violence at the grass roots level and analyzed the existing laws related to women’s rights. The major findings of that study was that stakeholders believed that recognizing domestic violence as an offense and adopting a specific law to address domestic violence was crucial in combating domestic violence. In 2005, the Bangladesh Law Commission prepared a draft Bill on Domestic Violence. However, this draft lacked public consultation, did not reflect the demands made by women’s groups, and failed to address the severity and variety of forms of domestic violence. BNWLA and legal aid provider ASK prepared a comprehensive critique of the draft bill proposed by the Bangladesh Law Commission and drafted two separate Bills which were shared with the Law Commission. In the process of finalizing a draft Bill, BNWLA relied on the findings from their 2004 research and consultations with various stakeholders, professionals and service providers including lawyers, public prosecutors, doctors, social workers, police and judges. They also sought the opinions of those who have experienced domestic violence in the past and their close relatives.
Drafted by BNWLA & ASK and submitted to the Law Commission
2005
Law drafted by law commission
2008
CiDV submitted the draft to MoWCA
2010
Govt passed the DV Act
In October 2007, BNWLA initiated a national coalition named “Citizen’s Initiative against Domestic Violence” (CiDV) by bringing together thirty national and international organizations and individuals working to combat domestic violence under a single platform. CiDV vigorously campaigned for a law on domestic violence for the next three years with BNWLA providing secretarial and leadership support. During this time, the coalition had a series of discussions with a wide range of experts and concerned individuals and finalized a draft bill titled “Domestic Violence (Prevention & Protection) Bill 2009,” which was submitted to the Ministry of Women and Children Affairs (MoWCA) on 30 June, 2008. Note that MoWCA is the Government ministry responsible for the implementation of the DVPPA.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
After considering the proposed Domestic Violence (Prevention & Protection) Bill 2009, the MoWCA finalized it following two civil society dialogues and intensive comments from the members of the coalition. The Bill was finally passed by the National Parliament on 5 October, 2010 and went into force on 30 December, 2010 with a gazette notification. In addition to addressing significant shortcomings for combating domestic violence in the existing legal framework, the DVPPA partially fulfilled some of Bangladesh’s international obligations under CEDAW, as well as Article 28 of the Constitution of Bangladesh, guaranteeing special measures for the advancement of women and children.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Chapter
4
OVERVIEW OF THE DOMESTIC VIOLENCE (PREVENTION AND PROTECTION) ACT, 2010
Summary of the Key Features of the DVPPA What is Domestic Violence? Section 3 of the DVPPA defines “domestic violence” as “physical abuse, psychological abuse, sexual abuse, or economic abuse against a woman or a child of a family by any other person of that family with whom the victim is, or has been, in family relationship.” Sections 2 and 3 also give the following explanations and definitions for terms used in the above definition: n
“Physical abuse” is any act or conduct, which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force.
n
“Psychological abuse” includes, but is not limited to, verbal abuse including insults, ridicule, threats, or humiliation of any nature; harassment; or controlling behavior such as restriction restrictions on mobility, communication or self-expression.
n
“Sexual abuse” is defined as any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of the aggrieved person.
n
“Economic damage” includes, but is not limited to the following: o deprivation of all or any economic or financial resources or property to which the aggrieved person is entitled under any law or custom whether payable under any law or custom or an order of a court or any other competent authority; o deprivation of use of the articles of daily necessity;
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
o deprivation or prohibiting the victim from claiming legal rights to her stridhan, dower, alimony, any consideration for marriage, or any property owned by victim; o transferring without consent of the victim or prohibiting the victim from applying her legal rights to any assets owned by her whether movable or immovable; o deprivation or prohibiting the victim from applying legal rights to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the family relationship. n
‘’Family’’ comprises of those persons who live or have, at any point of time, lived together in a shared residence, when they are related by consanguinity or marriage or adoption or member of joint family.14
n
“Family relationship” means a relationship between two persons who are related by consanguinity or marriage or adoption or member of joint family.15
Rights Belonging to Domestic Violence Victims under the DVPPA The DVPPA was passed in order to help establish equal rights for women and children guaranteed in the Constitution, prevent domestic violence from occurring, and protect women and children who are victims of domestic violence. Consequently, the DVPPA entitles women or children who are victims of domestic violence to certain reliefs under the law as described in greater detail below. In addition, a domestic violence victim has the articulated right to reside in the shared residence due to family relationship.16 Remedies Available to Victims under the DVPPA The key features of remedies available under the DVPPA are as follows: n
Interim Protection Order (Section 13) – Upon receipt of an application that demonstrates a prima facie case of domestic violence, the Court is empowered to issue an interim protection order and a notice upon the respondent calling upon him or her to show cause, within a period not exceeding seven days from receipt of the notice, as to why a protection order shall not be made against him or her.
n
Protection Order (Section 14) – Protection orders can be passed in favor of the aggrieved person prohibiting the respondent from committing any act of domestic violence, aiding or abetting in the commission of acts of domestic violence, entering the place of employment, business, educational institution or other institution where the aggrieved person frequently visits, communicating with the aggrieved person by making personal, written, or telephonic, e-mail or any other form of contact, causing violence to the dependants or other relatives of the aggrieved person or any other person who give assistance from the domestic violence to the aggrieved person, or committing any other act as specified in the protection order. Under section 30, a breach of a protection order is an offence punishable by imprisonment of up to six (06) months and/or a fine that may extend to ten thousand (10,000) taka. For
14 15 16
12
Section 2(8) of DVPPA. Section 2(9) of DVPPA. Section 10 of DVPPA.
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
repeated breaches of a protection order, the punishment increases to imprisonment up to two (02) years and/or a fine that may extend to one lakh (100,000) taka. n
Residence Order (Section 15) – Orders passed under this provision give effect to the right to residence recognized in section 10. Under 15(1), orders may be passed to restrain the respondent from residing in or visiting the shared residence or from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared residence. The Court may also direct the respondent to pay rent to secure same level of alternate accommodation for the aggrieved person as enjoyed in the shared household, if the circumstances so require or to allow continued use of a vehicle previously used by the aggrieved person. In addition, the Court can direct the EO to make arrangements for a safe shelter for the aggrieved person, if necessary, or for the EO to accompany the aggrieved person to the shared residence to collect personal belongings or other documents/items. Under section 15(3), the Court may evict the respondent from the shared residence if there is no other way to secure the personal safety of the applicant, however, such order shall be revoked if a suitable safe shelter or alternative accommodation is available. Under section 15(5), the Court may require the respondent to execute a bond, with or without sureties, that neither he/she nor any of his/her family members will commit any further acts of domestic violence against the applicant. Under section 15(7), the Court may direct the respondent to return possessions of the aggrieved person to her including her stridhan, dower, alimony, any other marital property, moveable assets, valuable documents, certificates, and any other property or valuable security to which she is entitled.
n
Compensation Order (Section 16) - Where the aggrieved person suffers or likely to suffer damages to physical, psychological, financial or property whether movable or immovable, she may file a claim for compensation either along with the application under Section 11 or with a separate application afterwards. In determining what monetary amount is appropriate, the Court may take into consideration the facts including the nature and extent of the pain and suffering of the aggrieved person for any physical or mental injury, the cost of medical treatment, temporary and permanent effects of the injury, any present or future loss of earnings, the amount or value of property taken, transferred, destroyed, or damaged, and reasonable expenses already incurred by or on behalf of the aggrieved person in securing protection from domestic violence. Under section 16(5), the Court can pass an order requiring the respondent to provide maintenance to the applicant and her children, either in a lump sum payment or in monthly payments. Under section 16(9), if the respondent fails to pay the compensation ordered by the Court, the Court may direct the employer or a debtor of the respondent, to directly pay to the victim or to deposit in her bank account a portion of the wages or salaries or debt due to or accrued to the credit of the respondent.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010 n
Custody Orders (Section 17) - Notwithstanding anything contained in any other law for the time being in force, the Court may, at any stage of hearing of the application grant temporary custody of any child of the aggrieved person to her or any other applicant and specify, if necessary, arrangements for visits by the respondent.
Summary of Trial Procedure In order to get any remedy other than a compensation order under the DVPPA, the victim or any person on her behalf including a Police Officer, an Enforcement Officer or a Service Provider needs to apply to the Court of Judicial Magistrate or Metropolitan Magistrate in the form as prescribed in the Rules framed under this Act.17 The territorial jurisdiction for where a person should file an application is determined by the place of residence of the applicant or where she temporarily resides, the place of residence of the respondent, or the location where the domestic violence occurred.18 Upon receiving an application, the Court fixes the date of hearing within seven days from the day that the application is received.19 If the Court is satisfied of the existence of a prima facie case of domestic violence against the respondent after examining the documents submitted with the application, the Court will issue an ex parte interim protection order against the respondent as well as a notice to him to reply with a reason as to why a permanent protection order should not be issued against him.20 Notice is served to the parties for the appearance before the Court as per the procedure laid in Code of Criminal Procedure (CrPC). The notice can also be served by registered post.21 If the respondent does not appear on proper service of notice under section 13 (1) and (2), the Court can hold the trail in absence of the respondent or issue an arrest warrant against him.22 After hearing from both parties, the Court may pass a protection order on its satisfaction.23 The Court may also order the local inquiry in order to ascertain the truth of the incidence.24 Trial may be held in camera if the Court deems necessary or on the consent of the parties.25 If the complainant remains absence the Court can reject the complaint which can be revived on the application of the complainant showing satisfactory grounds within thirty days from the date of rejection.26 Summary trial procedure under CrPC is followed for the trial under this Act.27 This trial procedure (not including procedure for compensation orders) is directed to be completed within sixty days from the date of application. On default, the time limit can be extended an additional fifteen days; and again on default, extended for another seven days. However, with each extension, the Appellate Court needs to be informed in writing.28 During this time, the Appellate Court has the power to 17 18 19 20 21 22 23 24 25 26 27 28
14
Sections 11 (1), 11(2), and 21(1) of DVPPA. Section 12 of DVPPA. Section 11(3) of DVPPA. Section 13 of DVPPA. Section 25 of DVPPA. Section 26 of DVPPA. Section 14 of DVPPA. Section 24 of DVPPA. Section 23 of DVPPA. Section 27 of DVPPA. Section 22 of DVPPA. Sections 20(1), (2), (3) of DVPPA.
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
transfer the case to any other appropriate court either on its own motion or on the application of any party.29 When this happens, the case continues on in the new court from the same stage as it was in the previous court.30 Section 28 governs the process for appeals from any order passed by the Magistrate. The Appellate Court shall be the Chief Judicial Magistrates or, where applicable, the Chief Metropolitan Magistrates. Appeals must be filed within 30 working days for the date of the order and shall be disposed of within 60 filing days from its filing.31
Summary of the Rules Despite the Government being provided the power to make Rules for the purposes of carrying the provisions of the DVPPA into effect under section 36 of the Act and receiving draft rules from the CiDV in October 2011, the Government failed to pass Rules until 29 April 2013. The salient features of the Domestic Violence (Prevention and Protection) Rules, 2013 are as follows: n
Rule 2 defines law, domestic violence, enforcement officer (EO), form, ministry and aggrieved person.
n
Rule 3 reveals that an aggrieved person can inform the EO about the incidents related to domestic violence by written statement using Form A provided in the Rules, orally, by phone, or e-mail. The Form for giving the domestic violence information is provided to the aggrieved person by the EO free of cost. The EO then incorporates this information of domestic violence in the prescribed Form B.
n
Rule 4 describes the duties of EOs with their main duties being to provide information regarding the rights and remedies of aggrieved person given in the DVPPA, to assist the aggrieved person to fill out the given form, to assist the Court as per its necessity or direction, and to supervise the advancement of a case.
n
Rule 5 specifies that on receiving an application in the given Form C from the interested institutions providing services, MoWCA will enroll them as service providers under the DVPPA and send a list to the offices of EOs. Rule 6 explicates the duties of service providers with their main duties being to preserve the information of domestic violence received from the aggrieved person in the Form D, to take proper legal initiatives and inform the matter to the nearby police station and the EO, and to assist the EO in providing services as per the direction of the court under Rule 4(d).
n
Rule 7 elucidates the duties of police officer with their main duties being to register information regarding domestic violence in the prescribed Form E and to inform the EO about the relevant incident, to collect materials and papers related to the domestic violence, and to assist the EO as necessary.
n
According to Rule 8, an aggrieved person or EO or service provider can submit application to the Court through a lawyer in accordance with form ‘F’.
29 30 31
Section 20(4) and (5) of DVPPA. Section 20(4) and (5) of DVPPA. Section 28 of DVPPA.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
n
Rule 9 states that if the opponent violates the protection order, an aggrieved person or any person on his/her behalf can submit an application to the Court or to the EO in writing, and in the later case, the EO will submit the application to the Court.
n
According to Rule 10, MoWCA will take initiative to provide professional training to the all relevant persons including EOs, police officers, and service providers.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Chapter
5
INFRASTRUCTURE FOR IMPLEMENTATION OF DVPPA
The primary objective of the DVPPA is to recognize and ensure a woman’s right to live in an environment that is free from violence and other forms of abuse. In order to ensure this right, the DVPPA lays the framework for a multi-agency response system intended to provide support to victims of domestic violence. The key stakeholders include enforcement officers, police officers, service providers, shelter homes, and medical service providers. In order to ensure the effective implementation of the DVPPA and enable each of these stakeholders to carry out their duties efficiently, it is necessary to develop the appropriate infrastructure. However, as the DVPPA is still in the nascent stages of its implementation, the concerned departments have yet to fully develop the necessary infrastructure. In order to understand the state of implementation of the DVPPA and the various challenges faced by the relevant stakeholders in the implementation of the DVPPA, the study team conducted a series of interviews with enforcement officers, police officers, responsible officers from medical service providers and responsible officers of shelter homes. This section describes the roles and responsibilities proscribed by the DVPPA for each stakeholder as well the findings from the interviews.
Enforcement Officers EO act under the supervision of the Court and are considered to be the focal person acting as the link between the women seeking relief under the DVPPA, the court, police, and other service providers including shelter homes, medical service providers, and organizations that provide legal aid.32 Appointment of Enforcement Officers Under the DVPPA, the Government is responsible for the appointment of the EOs and shall, by notification, appoint one or more EO in each upazila, thana, district or in a metropolitan area where 32
Section 6 of DVPPA.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
applicable.33 Furthermore, the Government shall notify the area or areas within which an EO shall perform his or her duties and responsibilities.34 The terms and condition of service for EOs shall be prescribed by the Rules.35 The MoWCA has issued a notification to the Office of District Women Affairs assigning District Woman Affairs Officers (WAO) to perform as EO’s under the Act.36 But BNWLA’s observation after conduction a training is that a large number of WAO’s at upazilla level were not made aware of that notification by the District Office. In addition, given the recent appointment of WAO’s to serve as EOs, there has not yet been adequate time to assess their performance as EOs. Enforcement Officers’ Duties and Responsibilities Section 6 of the DVPPA describes the duties and responsibilities of the EO. The Act also provide opportunity for further elucidates the duties of EOs by the Rules,37 which were only recently passed on 29 April 2013. Regarding the EOs duties and responsibilities, Rule 4 specifies that EOs main duties are to provide information regarding the rights and remedies of aggrieved person given in the DVPPA, to assist the aggrieved person to fill out the given form, to assist the Court as per its necessity or direction, and to supervise the advancement of a case. The assignments of EOs have been bifurcated into two stages, pre- and post-litigation, and are summarized in Table 1 below. During pre-litigation stage, the EO assists the victim by making an application to the Court claiming relief for the issuance of a protective order38 or any other remedy that is provided for by the Act.39 In addition, the EO is responsible for referring the victim to other service providers when necessary including shelter homes and medical service providers, and for ensuring that the victim is provided legal aid.40 Consequently, the EOs are required to maintain close coordination with service providers and maintain a list of all legal aid and human rights organization or psycho-social counseling services, shelter homes and medical facilities within the jurisdiction of the Court.41 The EO is also responsible for ensuring that the court and police stay up to date on the status of the victim, forwarding copies of reports to the police and the court whenever the EO assists in lodging the victim in a shelter home or refers for a medical examination.42 In the post-litigation stage, EOs assist the Court in the discharge of its functions under the Act, including carrying out the orders of the Court, and ensuring that any order for compensation is executed.43 In addition, the EO shall accompany the victim to the offender’s residence to collect her things under a Residence Order issued by the Court.44 In this capacity, EOs thus assist both the court and the aggrieved person. 33 34 35 36 37 38 39 40 41 42 43 44
18
Section 5(1) of DVPPA. Section 5(1) of DVPPA. Section 5(2) of DVPPA. See Annexure. Section 6(j) of DVPPA. Section 6(1)(d) of DVPPA. Section 11 of DVPPA. Sections 6(1)(e), (g), and (h) of DVPPA. Section 6(1)(f) of DVPPA. Sections 6(1) (g) and (h) of DVPPA. Sections 6(1)(a) and 6(2) of DVPPA. Section 15(1)(e) of DVPPA.
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
If the EO fails or refuses to discharge his or her duties as directed by the Court without any sufficient reason, he or she shall be liable for departmental proceeding.45 Table 1: Summary of Roles and Responsibilities of Enforcement Officer Pre-Litigation
n
Receive complaints of domestic violence [Rule 3]
n
Inform the aggrieved person of her rights and remedies available under the Act [Rule 4]
n
Provide report to the Court regarding domestic violence [section 6(1)(b)]
n
Forward copies of domestic violence report to the concern police station [section 6(1) (c)]
n
Maintain a list of all service provider organizations [section 6(1)(g)]
n
Assist victim in lodging an application before the court for an order of protection [section 6(1)(d)]
n
Apply to the Court for any remedy provided by the Act on behalf of the victim [section 11]
n
Assist the victim to ensure that she receives free legal aid under Legal Aid Act, 2000 [section 6(1)(e)]
n
Refer the victim to a safe shelter home or for a medical examination, if necessary, and forward a copy of the report to the police and Court [sections 6(1)(g) and (h)]
Post-Litigation
n
Assist the Court in discharge of its functions [section 6(1)(a) and Rule 4]
n
Ensure that the order for compensation is executed [section 6(1)(I)]
n
Perform duties and responsibilities imposed on them by the Court [section 6(2)]
n
Accompany the victim to the offender’s residence to collect her things under a Residence Order issued by the Court [section 15(1)(e)]
n
Serve any order of the Court to the offending party [section 25(2)]
Challenges in Implementation of the DVPPA by Enforcement Officers In order to better understand the depth of understanding held by EOs of their roles and responsibilities under the DVPPA and the challenges faced in the execution of those roles and responsibilities to address domestic violence within their jurisdiction, the research team interviewed 12 EOs from areas where BNWLA has interventions, listed in Table 2 below. The EOs interviewed primarily work as government officer under the Department of Women Affairs. Among the 12 EOs interviewed, 06 were District Woman Affairs Officers and 06 were Upazila Woman Affairs Officers. The structured questionnaire used for these interviews is included in the Annexure.
45
Section 34 of DVPPA.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Table 2: Location of Enforcement Officers Interviewed District Name
Number of EOs Interviewed in District
Upzilla / Area Coverage
Dhaka
2
Dhamrai, Dhaka Metropolitan Area
Rajshahi
2
Bagha, Charghat
Jessore
2
Monirampur, Jessore Sadar
Chittagaong
1
Potia
Sylhet
1
Sylhet Sadar
Barisal
1
Barisal Sadar
Bagura
1
Sariakandi
Thakurgaon
1
Thakurgaon Sadar
Kustia
1
Kustia Sadar
The following challenges were identified during the interviews:
1. Level of Knowledge of DVPPA and Roles and Responsibilities While the interviewed EOs knew about the enactment of the DVPPA, most of them had no clear conception about their duties and responsibilities as prescribed by the law. The study team analyzed the qualitative interview responses from the EOs and found that 25% respondents possessed an indepth familiarity with the DVPPA, 42% possessed an average-level of familiarity, having a working level knowledge, and the remaining 33% lacked a basic knowledge of the DVPPA. They lacked a clear conception about the content of the DVPPA (e.g. types of violence covered, duties and responsibilities of different stakeholders, rights and reliefs provided for aggrieved persons, and punishments prescribed). When asked specifically about their understanding of their own roles and responsibilities under the DVPPA, the study team found that most of the EOs interviewed had a working level knowledge about their role and responsibility. 83% of EOs interviewed had either a good (25%) or average (58%) level of understanding. The remaining 17% of respondents possessed a below average level of understanding of their roles and responsibilities under the Act. The study team also explored attitudes held by EOs towards victims of domestic violence and found that several EOs still lacked a proper perception about dealing with victims of domestic violence. 50% of respondents lacked a proper understanding of how to work with victims of domestic violence, while 33% had an average understanding, and only 17% had a good level of understanding.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Table 3: Knowledge Levels of Enforcement Officers on DVPPA and Roles and Responsibilities Concern Issue
Good (%)
Average (%)
Below Average (%)
Familiar with DVPPA (in-depth)
25
42
33
Awareness of roles and responsibilities under the DVPPA
25
58
17
Perceptions about working with victims of domestic violence
17
33
50
2. Enforcement Officers Inexperience in Performing Duties under the DVPPA The study team found that most of the EOs interviewed did not have much experience in performing their duties proscribed by the DVPPA, illustrated in Figure 1. Only 33% of EOs said that they were keeping records of information related to domestic violence. While no EOs reported having personal experience filing an application to the Court on behalf of the victim under section 6(1)(d) of the Act, 25% of respondents reported having any experience handling a domestic violence case, however, in each of those cases, the EOs involvement in the case was imposed on them by court orders. In addition, only 17% of EOs had experience completing an enquiry under directions from the Court. Under DVPPA, section 6(1)(a), EOs are obligated to assist the court in the discharge of its functions under the Act, including assisting in the enforcement of court orders. For example, the EO of Dhaka has enforced court orders in six different cases. In two cases, including the first case filed under DVPPA, the orders enforced were for restitution of goods in favor of the applicants, in three cases, the EO enforced residence order, and in one case, it was not possible for the EO to restitute goods due to non-cooperation of the applicant. Figure 1: Duties Performed by Enforcement Officers under the DVPPA Percentage of EOs who had Performed Select Duties under DVPPA Yes (%)
No (%) 100 83
67
33
75
75
25
17
25
0 Keeping Record of Information related to DV
Experience Handling DV Cases
Filing Application in DV Case
Enquiry in DV Case
Following Court Order in DV Case
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
3. Lack of Adequate Legal Training In order for EOs to perform the duties proscribed by the DVPPA effectively, it is essential that they receive training in the legal procedures involved in the implementation of the DVPPA and in principles adopted in conducting social work. In addition, there is a need for gender sensitization training to equip them to appropriately handling a sensitive issue like domestic violence and to empathize with victims of domestic violence who approach them for assistance. But in reality, EOs are often assigned to perform the function of EOs without being provided any prior orientation or training on either the DVPPA or on gender sensitization more generally. There were two test trainings conducted by the Department of Women Affairs (DWA) and the CiDV for forty-nine (49) EOs46 and one Training of Trainers for twenty-five (25) participants. However, few of the EOs interviewed mentioned trainings or workshops conducted by NGO’s or the DWA. The interviews revealed that 42% of respondents had received training regarding DVPPA issues in different locations, 25% had participated in a workshop / seminar, and 42% had attended a meeting where issues related to the DVPPA were discussed. Note that this situation may not be reflective of actual conditions nationwide given that the EOs interviewed are located in areas where BNWLA has interventions related to the DVPPA. It is likely that EOs located in other parts of the country have less opportunity to receive training on the law. Figure 2: Enforcement Officer’s Participation in Trainings, Workshops, or Meetings EO Participation in Trainings/Workshops/Meetings Yes (%)
No (%) 75 58
58 42
42 25
Training
Workshop/Seminar
Meeting
4. Significant Workload EOs are not appointed on a full-time basis for this task alone and are performing duties prescribed by the DVPPA in addition to other regular duties. Consequently, they face constraints in time management and find themselves overwhelmed by their substantial workload in some situations. 46
22
The two trainings were organized by DWA and conducted on 11- 15 March, 2012 and 8-12 April, 2012 at the DWA Training Room in Dhaka.
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
5. Lack of Infrastructure In most situations, EOs are located within the DWA at the upazilla level. Most of the EOs interviewed expressed concerns about the lack of infrastructure and adequate facilities to perform their additional responsibilities under the Act. During the interviews, the EOs identified several specific shortcomings preventing effecting implementation of the DVPPA. Specifically, they identified a shortage of staff members to whom they can delegate functions to in order to ensure efficient delivery of services to victims. In addition, EOs identified a lack of available transportation to render emergency support to domestic violence victims. Additionally, there were complaints that inadequate funds have been made available to EOs as they receive no travel reimbursements and have to bear all the expenditure for discharging their duties under the DVPPA. Finally, EOs raised concerns of personal safety, particularly in cases where they have had to assist the court in either serving notices to offending parties or in the enforcement of court orders.
Police Officers Police Officers’ Duties under the DVPPA The obligations of a police officer to a victim of domestic violence are listed in section 4 of the DVPPA. Specifically, any police officer who has either received a complaint of domestic violence, or is present when an incident of domestic violence occurs, or who receives a report of an incident of domestic violence shall inform the victim of domestic violence of the following: n
her right to make an application for obtaining a relief by way of any orders under this Act;
n
the availability of medical services;
n
the availability of services of the Enforcement Officers;
n
her right to free legal services under the Legal Aid Act, 2000, where applicable; and
n
her right to file a complaint under any other existing law.
In addition, police officers have the following responsibilities under the Act: n
Give protection to a victim of domestic violence or to her child/children under orders of the Court. (section 15(6))
n
Serve any order issued by the Court under the DVPPA. Note that a process server of the Court on an EO can also serve an order issued by the Court under the Act, however only a police officer may serve a warrant of arrest. (section 25)
n
Apply to the court to get a remedy on the victim’s behalf under the DVPPA. (section 11(1))
n
Any other duties and responsibilities prescribed by the government in this behalf. (section 4(f))
Finally, Rule 7 elucidates the duties of police officer with their main duties being to register information regarding domestic violence and to inform the EO about the relevant incident, to collect materials and papers related to the domestic violence, and to assist the EO as necessary.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Challenges in Implementation of the DVPPA by Police Officers In order to better understand the depth of understanding held by police officers of their roles and responsibilities under the DVPPA and the challenges faced in the implementation of the DVPPA within their jurisdiction, the study team interviewed 10 police officers from the areas detailed in Table 4 below. Table 4: Location of Police Officers Interviewed District Name
Number of EOs Interviewed in District
Upzilla / Area Coverage
Dhaka
1
Dhamrai
Rajshahi
2
Bagha, Charghat
Jessore
1
Monirampur
Chittagaong
1
Potia
Sylhet
1
Sylhet Sadar
Barisal
1
Barisal Sadar
Bogra
1
Shibgonj
Thakurgaon
1
Thakurgaon Sadar
Kustia
1
Kustia Sadar
The following challenges were identified during the interviews:
1. Insensitivity of Police Officers towards Domestic Violence Victims Insensitive treatment of women and girls by police is a significant obstacle to full implementation of the DVPPA. Police frequently believe that domestic violence is a private matter that is beyond the control of the State. Consequently, police fail to take complaints of domestic violence seriously. Based on interview responses, only 10% of officers interviewed had a good level of understanding on how to deal with a domestic violence victim while 30% had an average level of understanding and 60% had a below average level of understanding. See Table 5.
2. Lack of Awareness of DVPPA and Responsibilities under DVPPA Most of the police officers interviewed knew about the enactment of the DVPPA, but most lacked an in-depth knowledge of the various provisions. Similarly, 60% had an average level of awareness of their roles and responsibilities under the DVPPA, but none of the officers interviewed had any experience fulfilling their duties and responsibilities in accordance with the DVPPA. See Table 5.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Table 5: Knowledge Levels of Police Officers on DVPPA and Roles and Responsibilities Concern Issue
Good (%)
Average (%)
Below Average (%)
Familiar with DVPPA (in-depth)
10
40
50
Awareness of roles and responsibilities under the DVPPA
10
60
30
Perceptions about working with victims of domestic violence
10
30
60
3. Lack of Adequate Training Despite a significant need for training, few of the police officers interviewed had received any training. Only 30% of respondents had received training of any kind, 20% had participated in a workshop / seminar, and 30% had attended a meeting where the DVPPA was discussed. See Figure 3. Figure 3: Participation of Police Officers in Training/Workshop/Meeting
PO Participation in Trainngs/Workshops/Meetings Yes (%)
No (%) 80 70
70
30
Training
30 20
Workshop/Seminar
Meeting
The Bangladesh Police have made concerted and comprehensive efforts to make the gender issue pivotal and important through various recent endeavors. Training, raising awareness for the promotion and protection of gender, and increased interest to recruit women in Bangladesh Police are a few of the recent initiatives under the Police Reform Project that have been rendered to Bangladesh Police. There continues to be a significant need for gender sensitivity training among police officers. The training should cover the current situation of women in Bangladesh, the difference between sex
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
and gender, the root causes of the unequal relationship between men and women, and domestic violence against women. The PRP has developed a module on Gender Sensitive Policing to train master trainers who, in turn, will be equipped to carry out gender sensitivity trainings for other police personnel within the Bangladesh Police.
Service Providers In recognition of the pivotal role of the NGOs to uphold women’s rights and to reduce violence against women, the DVPPA provides that any voluntary association, non-profit company or organization, or any other organization approved by the Government whose objective is to protect the rights of women and children through the provision of legal aid, medical, financial or other assistance shall be treated as service providers under the Act. The approval process for recognition of the Government as a Service Provider is subject to the provision of the Act and Rules framed under the Act. Although Rules were only recently passed, some prominent human rights organizations which were directly involved with the advocacy process to formulate the DVPPA, have played a very imperative role to implement the law despite the absence of Rules. Under section 7(2) of the DVPPA, service providers shall have the following duties and responsibilities: n
Record the domestic incident report in the prescribed form, if the victim so desires, and forward a copy to the appropriate Court and the Enforcement Officer having jurisdiction in the area where the domestic violence took place;
n
Refer the victim for medical examination and forward a copy of the medical report to the Enforcement Officer and the police station within the local limits of where the domestic violence took place;
n
Refer the victim to a shelter home, if she so requires, and forward a report of the lodging of the victim in the shelter home to the police station within the local limits of where the domestic violence took place; and
n
Perform such other duties and responsibilities as may be prescribed by Rules.
In addition, under section 11, a service provider can also file an application to the Court to seek a remedy provided under the DVPPA on behalf of a victim of domestic violence. Rule 6 explicates the duties of service providers with their main duties being to preserve the information of domestic violence received from the aggrieved person in the Form D, to take proper legal initiatives and inform the matter to the nearby police station and the EO, and to assist the EO in providing services as per the direction of the court under Rule 4(d).
Medical Service Providers Section 9 of the DVPPA describes the duties of a medical service provider. According to this section, the person in-charge of the medical facility in the hospital, clinic or medical centre shall provide medical aid to the victim on request by a victim or on her behalf made by a Police Officer, an Enforcement Officer, a service provider or any other person.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
However, there are an insufficient number of health service facilities in Bangladesh to meet the medical needs of the population in need of services. Furthermore, victims of domestic violence do not get any special attention from hospital, clinic or health centre. Rather, they are treated as general patients. The study team interviewed 5 medical officers of government hospitals in the following locations: n
Charghat upazilla Health Complex under Rajshahi district
n
Barisal Medical College
n
Kushtia General Hospital
n
Thakurgaon General Hospital
n
Dhamrai upazilla Health Complex under Dhaka district.
Of the 5 medical officers of government hospitals interviewed, only 2 medical officers (40%) were familiar with the DVPPA and aware about their role and responsibilities under the DVPPA. None of the medical officers interviewed by the study team had any experience handling a domestic violence. See Figure 4. Figure 4: Awareness and Experience of Medical Officers
Awareness and Experience of Medical Officers Yes (%)
No (%) 100
60
60 40
40
0 Familiar with DVPPA
Aware about Role and Responsibility under DVPPA
Experience with DV Victims
Shelter Homes Under section 8 of the DVPPA, the authority responsible for a shelter home shall provide shelter to a victim of domestic violence on request by a victim or on her behalf, by a Police Officer, an Enforcement Officer or any other person.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
The study team conducted interviews with the responsible officers of five shelter home located in four districts: Rajshahi, Jessore, Barishal and Sylhet. Of the five responsible officers of shelter home, only one person (20% of respondents) was familiar with the DVPPA and aware about their role and responsibilities under the DVPPA. Furthermore, no one had any experience with domestic violence victims. See Figure 5. The shelter home officers interviewed explained that a victim is generally kept in the shelter home for six months, however, under special circumstances she can be kept there for 1 year with the permission of concerned authority. While in the shelter home, victims are provided skill-based training related to swing, embroidery, and the cottage industry among other things. They also receive counseling which is helpful in strengthening their self-confidence. However, the number of shelter homes in Bangladesh is insufficient to meet the need. Figure 5: Awareness and Experience of Responsible Officer of Shelter Homes
Awareness and Experience of Shelter Home Officers Yes (%)
No (%) 100
80
20
80
20 0
Familiar with DVPPA
28
Aware about Role and Responsibility under DVPPA
Experience with DV Victims
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Chapter
6
CHALLENGES IN IMPLEMENTATION
Despite the enactment of the DVPPA, domestic violence persists throughout the country. While enacting legislation on domestic violence may protect victims of violence in theory, the actual implementation of the DVPPA on the ground remains limited. This chapter discusses some of the limitations of the DVPPA in addressing domestic violence and major challenges in achieving full implementation of the law. First, in Bangladeshi culture, domestic violence is viewed as a private matter that should stay within the family. Consequently, few women talk about instances of domestic violence with anyone outside her family or make a report of abuse to the Court. This culture of silence surrounding the issue of domestic violence is one of the major barriers to using the DVPPA to provide relief for victims of violence. However, through various initiatives and collective efforts, progress is gradually being made towards breaking the silence against domestic violence. Another reason why victims of domestic violence remain silent is the fear of divorce. Many of the stakeholders interviewed expressed that most of the time a woman files a complaint against her husband, he divorced her. This pronunciation sometimes makes the victim suffer additional violence while being blamed by society. Furthermore, the existing social services are not adequate to support the victim to survive in the community. There is a lack of opportunity and funding in terms of infrastructure, job placement, social security, and livelihood support. Another challenge in implementation is that even when a woman does come forward to report domestic violence, police and judicial personnel are either not aware of or do not fully understand provisions of the DVPPA. In addition, in most cases, policies and protocols for responding to domestic violence reports have not been developed, leading to reports of domestic violence being overlooked or poorly investigated. This can result in women making reports facing further harassment after reporting. Furthermore, insufficient resources have been allocated for implementing the DVPPA and
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
a failure to develop strong and long term programs for addressing domestic violence. As a result, the DVPPA is largely symbolic and is not able to actually reduce domestic violence. Prior to the Rules being passed, it was difficult to file cases under the DVPPA. In the absence of the Rules, many Courts rejected cases filed and faced difficulties issuing the relief orders prescribed by the Act. However, many stakeholders opined that the existence of Rules were not required before a victim could seek relief under the DVPPA as the law was already brought into force by the Government. Lastly, little data has been collected on violence against women which makes it difficult to know the actual prevalence of domestic violence and to allocate appropriate funding to prevention and support programs. Addressing domestic violence may require different approaches. But in contemporary Bangladesh, we are still far from addressing the patriarchal culture and social structures that are widespread throughout the country. Current efforts to promote gender equality are insufficient.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Chapter
7
COURT ORDERS
The impact and effectiveness of legislation can only be assessed when the intended beneficiaries are able to access the courts and obtain the relief provided under the law. While a number of factors contribute to women being able to use the law successfully to file a claim before the court, it is ultimately the judges who determine the nature of relief granted, the circumstances under which relief is granted, and the effectiveness of the relief. The process of analyzing court order is one of the most comprehensive methods to understand the impact of any legislation. In order to analyze court orders issued under the DVPPA, this chapter first focuses on the quantitative data of number of cases filed in order to ascertain whether or not women were beginning to use the law. The chapter then provides a more detailed cases study for eleven (11) cases in which relief has been granted under the DVPPA in order to provide examples of relief being provided to victims under the DVPPA and to give a better understanding of the way in which the DVPPA is functioning on the ground.
Cases Filed under the DVPPA While the DVPPA was passed on 5 October, 2010 and went into force on 30 December, 2010, the first case was not filed under the Act until 24 July, 2011. Under section 11(2), applications for relief under the Act shall be submitted in such a form as prescribed by the Rules. However, despite the Government being provided the power to make Rules for the purposes of carrying the provisions of the DVPPA into effect under section 36 of the Act, the Government failed to pass Rules until 29 April 2013. The lack of a prescribed form for submitting an application to the Court made it very difficult to file an application under the Act initially. Nevertheless, on 24 July, 2011, BNWLA filed the country’s first case under the DVPPA. After a prolonged argument in Court, the Court was satisfied to receive the case, as the Act was already in force thereby entitling domestic violence victims to relieve provided under the DVPPA. This first case was significant in that it created the momentum necessary to bring cases under the DVPPA in the
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
absence of a prescribed form for the application. BNWLA has continued to be a leader on this front, having filed 45 cases to date. See Box 1 for details of the case.
Box 1: Summary of the First Case Filed under the DVPPA (Case No 273/11) Rahima (fictitious name) was being continuously threatened and pressured to handover valuable land that she owned to her husband. After consistently denying these demands, her husband stopped her maintenance and compelled her to leave the house. BNWLA filed a case on behalf of Rahima under sections 10/14/15 of the DVPPA for both a protection order and a residence order. Honorable Metropolitan Magistrate Court-18, Dhaka received this case and ordered an investigation report be filed before the court. The police submitted the final report in favor of Rahima’s husband. BNWLA then filed a Naraji petition against the police report. The Honorable Court accepted the petition and passed an order for further investigation to be conducted by the EO. The EO submitted the report in favor of the aggrieved person.
As of March 2013, 102 cases have been filed under the DVPPA. Note that this number represents the number of cases that have been conducted by legal aid service providers BNWLA, BLAST, and ASK. As discussed earlier, it is very difficult to ascertain the precise number of cases filed under the DVPPA given that the Courts that have jurisdiction over domestic violence cases have not yet implemented any record keeping system to track the number of cases filed under a particular law. Following the enactment of the DVPPA, nationwide efforts were taken to combat domestic violence with organizations like BNWLA, BLAST, and ASK filing cases under the DVPPA. Yet, there are still 49 districts where no cases have been filed under the DVPPA. Given that most women experience domestic violence at the hands of an intimate partner or family member in her lifetime in Bangladesh, the number of cases filed likely represents only a small fraction of the domestic violence that is occurring in Bangladesh. Table 6 provides a breakdown of cases filed by Division as well as their status as of March 2013. The largest number of cases has been filed in Chittagong division (28 cases), followed by Rangpur division (21 cases). Meanwhile, the fewest cases have been filed in Barishal division (01 case) and Sylhet division (09 cases). Of the 102 cases filed, 37 have been disposed, 04 dismissed, 01 case found revision before the chief metropolitan magistrate court, and the remaining 60 cases are still pending as of March 2013.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Table 6: Number and Status of Domestic Violence Cases Filed by Division Status (as of March 2013)
No. of Cases
% of Total Cases
Pending
Chittagong
28
27%
22
1
4
1
Rangpur
21
20%
7
0
14
0
Khulna
17
17%
12
1
4
0
Rajshahi
16
16%
7
0
9
0
Dhaka
10
10%
6
2
2
0
Sylhet
9
9%
5
0
4
0
Barishal
1
1%
1
0
0
0
102
100%
60
4
37
1
Division
Total
Dismissed
Disposed
Revision
Select Case Studies The study team analyzed eleven (11) cases in which relief has been granted under the DVPPA. The cases demonstrate the variety of facts and orders issued by the Court. As discussed above, the following five forms of relief can be granted to an aggrieved party under the DVPPA: n
Interim Protection Order (section 13)
n
Protection Order (section 14)
n
Residence Order (section 15)
n
Compensation Order (section 16)
n
Custody Order (section 17)
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Case Study 1 (Case No-268c/12) Court: 1st class Judicial Magistrate Court, Dinajpur Background Facts: The applicant is 20 years old. She and the respondent fell in love and married in secret without the consent of their families. Several days after their secret marriage, their two families solemnized the marriage and arranged for the applicant’s father to provide a cash as dowry. The applicant and the opponent lived in a joint family set up along with their daughter. However, the applicant has been subjected to physical, verbal, emotional and economic abuse at the hands of her husband and in-laws. She was compelled to leave their joint house and return to her natal home. The opponent stopped communicating with her and denied to provide maintenance to the applicant and her daughter. The applicant applied for an interim protection order, protection order, residence order and compensation order under the DVPPA. Relief Sought: the right to remain in the shared residence (section 10), an interim protection order (section 13), a protection order (section 14), a residence order directing the opponent to provide for the same level of accommodation (section 15(1)(d)), allow the applicant to retrieve her things from the opponent’s residence (section 15(1)(e)), and allow continued use of a vehicle (section 15(1)(f)), protection from nearest police station (section 15(6)), and a compensation order (section 16). Action(s) Taken by Court: The Court gave a temporary protection order in favor of the applicant. The case was dissolved on 13 November, 2012, 3 months from the filing of the case, when the Court gave a permanent protection order in favor of the applicant.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Case Study 2 (Case no-200/12) Court: Metropolitan Magistrate Court, Dhaka Background Facts: The applicant married the opponent on 3 December, 1989 in accordance with Muslim law. They have 2 daughters in their conjugal life. After several days of marriage, the opponent began to commit mental and physical violence against the applicant. He demanded and pressured her for dowry. Seeing no alternatives, the applicant gave her husband an amount of taka from her father. When the opponent transferred to Chittagong in his service, he stopped providing maintenance to the applicant. After that, the opponent took away an amount of taka from the applicant. In addition, the opponent began to commit violence against the applicant, demanding money and land. On 16 September, 2010, the opponent beat the applicant and her children mercilessly and confined them in a room, where they were later rescued by their neighbors. The opponent expelled the applicant and her children from the house taking deeds, bank cheque, necessary documents, and ornaments and stopped providing maintenance from that day forward. At that point, the applicant filed a FIR with Mirpur Model Thana against the opponent. However, the opponent threatened the applicant to withdraw the case and became increasingly aggressive, even obstructing applicant’s movement. Relief Sought: Protection order (section 14) and Residence order restraining the opponent from coming to applicant’s residence (section 15(1)(a)) and allowing the applicant to retrieve her things from the opponent’s residence (section 15(1)(e)). Action(s) Taken by Court: The Court took cognizance of the case and received the legal statement of the applicant. The Court also ordered the opponent not to obstruct the movement of the applicant. Moreover, the Court ordered the opponent to refrain from communication with the applicant by any means. The opponent is ordered to reply within 7 days; otherwise the petition will be dissolved in ex parte.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Case Study 3 (Case No-308c/12) Court: 1st class Magistrate Court, Dinajpur Background Facts: The applicant married the opponent on 6 July, 2006 in accordance with Muslim law. When the applicant was 7 months pregnant, the opponent went abroad for the purpose of service. While the opponent was abroad, the applicant delivered a son. After that, the applicant’s in-laws began to abuse her, both physically and mentally. When the opponent returned to Bangladesh, he, with direct instigation and assistance of his family members, began to commit physical and mental violence against his wife. The applicant was compelled to leave the house with her child. Having no other options, she returned to her father’s house. The opponent stopped providing maintenance and married a second time without permission of the applicant. Being helpless, the applicant filed a case against the opponent under the DVPPA. Relief Sought: the right to remain in the shared residence (section 10), an interim protection order (section 13), a protection order (section 14), a residence order directing the opponent to provide for the same level of accommodation (section 15(1)(d)), allow the applicant to retrieve her things from the opponent’s residence (section 15(1)(e)), and allow continued use of a vehicle (section 15(1)(f)), additional conditions imposed by Court for safety of applicant (section 15(4)), protection from nearest police station (section 15(6)), and a compensation order (section 16). Action(s) Taken by Court: As the opponent divorced applicant, the court did not find that there was any necessity to give a protection order. Considering that there is no reasonable ground on which to move forward in the case, the court dismissed the case.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Case Study 4: (Case no-348/12) Court: 1st class Magistrate Court, Dinajpur Background Facts: The applicant married the opponent 16 years ago in accordance with Muslim law. They had a son and a daughter in their conjugal life. The opponent was involved in extra-marital affairs with other woman. When the applicant tried to restrain the opponent from continuing in the extra-marital affairs, he began to rebuke and abuse her. After that, the opponent learned that the applicant had another marriage. When the applicant protested that incident, the opponent attempted to murder her, torturing her physically. At one point, the applicant complaint about the matter to the local UP chairman. Arbitration was held following that complaint. During the arbitration, the opponent promised not to abuse her. But after that, the opponent continued to abuse her, both physically and mentally. The applicant sought legal assistance from BNWLA to file an application under the DVPPA. Relief Sought: the right to remain in the shared residence (section 10), an interim protection order (section 13), a protection order (section 14), a residence order directing the opponent to not visit the shared residence (section 15(1)(a)), not to dispossess or disturb the applicant’s possession of the shared residence (section 15(1)(b)), additional conditions imposed by Court for safety of applicant (section 15(4)), require the opponent to execute a bond that he will not commit further acts of domestic violence (section 15(5)), and a compensation order (section 16). Action(s) Taken by the Court: On 19 November, 2012, the Court passed a protection order in favor of the applicant that the defendant is prohibited to commit any sort of abuse to the applicant.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Case Study 5: (Case No-307/12) Court: 1st class Magistrate Court, Dinajpur Background Facts: The applicant married the opponent on 10 August, 2007 in accordance with Muslim law. After marriage, the applicant learned that her husband is a drunken person. When the applicant forbad him from continuing with this bad habit, he rebuked her with slang language. The opponent’s family scolded and humiliated the applicant repeatedly as the applicant had not yet given birth to any child. Encouraged by his family the opponent began to abuse her. The extent of the abuse increases day-by-day. The opponent expelled the applicant from his house, beating her on 14 February, 2011. After that, the applicant returned to her father’s house. While she was staying at her father’s house, the opponent neither contacted her nor provided any maintenance to her. The applicant sought legal aid from BNWLA and filed a petition under the DVPPA. Relief Sought: the right to remain in the shared residence (section 10), an interim protection order (section 13), a protection order (section 14), a residence order directing the opponent to not visit the shared residence (section 15(1)(a)), not to dispossess or disturb the applicant’s possession of the shared residence (section 15(1)(b)), allow the applicant to retrieve her things from the opponent’s residence (section 15(1)(e), additional conditions imposed by Court for safety of applicant (section 15(4)), require the opponent to execute a bond that he will not commit further acts of domestic violence (section 15(5)), and a compensation order (section 16). Action(s) Taken by the Court: On 13 November, 2012, the Court passed a permanent protection order in favor of the applicant mentioning that the opponent was strictly prohibited from committing any sort of violence against the applicant. The Court also issued a residence order prohibiting the opponent from evicting the applicant from her residence or interfering in her enjoyment of her rights of residence Challenges/ Limitations: According to Muslim law, a male has exclusive power to divorce his wife. So the applicant remains under possibilities of divorce by her husband. Bringing a case under the DVPPA may induce the opponent to divorce his wife.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Case Study 6: (Case No-313c/12) Court: Sr. Judicial Magistrate Court, Dinajpur Background Facts: The applicant married the opponent on 9 September, 2011 in accordance with Muslim law. During their marriage, the opponent would humiliate, neglect and abuse the applicant, both physically and mentally. The opponent expelled the applicant from his house on 23 August, 2012. Being helpless, the petitioner went to her father’s house. At that time, the opponent neither communicated with applicant nor provided any maintenance. The applicant sought legal assistance from BNWLA and filed an application under the DVPPA. Relief Sought: the right to remain in the shared residence (section 10), an interim protection order (section 13), a protection order restraining the opponent from committing any act of domestic violence (section 14(a)) or from aiding or abetting in the commission of any act of domestic violence (section 14(b)), a residence order directing the opponent to not visit the shared residence (section 15(1)(a)), and not to dispossess or disturb the applicant’s possession of the shared residence (section 15(1)(b)). Action(s) Taken by the Court: On 20 December, 2012, the Court passed a protection order, directing the opponent not to abuse the applicant, mentally or physically. The Court also passed a residence order, directing the opponent not to trespass on the applicant’s residence. Challenges/Limitations: There is always a chance that the opponent will not take the protection order or the residence order issued by the court cordially. If he does not, it could lead him to divorce the applicant.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Case Study 7: (Case No-173c/12) Court: Sr. Judicial Magistrate Court, Dinajpur Background Facts: The applicant married the opponent 18 years ago. They have two daughters and one son in their conjugal life. After marriage, the other members of her husband’s family began to humiliate and abuse her both physically and mentally. The opponents instigated her husband to expel her from their shared residence. In addition, they expressed that the applicant is a woman of depraved character, creating a misunderstanding between the applicant and her husband. On 24 July, 2012, an unidentified person set fire to the applicant’s husband house. As a result, an altercation arose between the applicant and the opponents. The opponents rebuked her with abusive words and also threatened her to expel her from the house. The applicant applied to BNWLA for legal aid and a case was filled under the DVPPA. Relief Sought: the right to remain in the shared residence (section 10), a protection order, a residence order directing the opponent to not visit the shared residence (section 15(1)(a)), and not to dispossess or disturb the applicant’s possession of the shared residence (section 15(1)(b)). Action(s) Taken by the Court: On 02 August, 2012, the Court passed a protection order and residence order. The court ordered the opponent not to enter the applicant’s house in future and not to abuse her as well as her children and husband. The court further ordered that the opponent will not cause damage to the applicant’s property.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Case Study 8: (Case No-334c/12) Court: Sr. Judicial Magistrate Court, Dinajpur Background Facts: A marriage was solemnized between the applicant and the opponent 4 years ago in accordance with Hindu law. After the marriage, the applicant began to live with her husband at his house. At one stage, the opponent began to persecute the applicant. On 17 August, 2012, the opponent expelled the applicant from the residence with her daughter. Finding no other way, the applicant went to her father’s residence. During that time, the opponent neither communicated with her nor provided maintenance to her. The applicant demanded to her husband for her right to their shared residence, but was not successful. At one stage, arbitration was held at local union council to solve the problem. Following the arbitration, the opponent allowed the applicant to return to their shared residence. But later, the opponent expelled her again from the residence, torturing her both physically and mentally. The applicant applied to BNWLA seeking legal aid and eventually filed a case under the DVPPA. Relief Sought: the right to remain in the shared residence (section 10), an interim protection order (section 13), a protection order (section 14), a residence order directing the EO to make arrangements for the safe shelter of the applicant (section 15(1)(c)), and directing the opponent to provide for the same level of accommodation (section 15(1)(d)), allow the applicant to retrieve her things from the opponent’s residence (section 15(1)(e)), and allow continued use of a vehicle (section 15(1)(f)), additional conditions imposed by Court for safety of applicant (section 15(4)), require the opponent to execute a bond that he will not commit further acts of domestic violence (section 15(5)), protection from nearest police station (section 15(6)), and a compensation order (section 16). Action(s) Taken by the Court: On 17 October, 2012, the Court passed an order to dismiss the case without issuing a protection order as the applicant was not willing to continue her conjugal life.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Case Study 9: (Case No-240c/12) Court: Judicial Magistrate Court, Jessore Background Facts: The applicant married the opponent on 30 November, 2010 in accordance with Muslim law. After marriage, their conjugal life was peaceful. Approximately 14 months after marriage, the opponent began to abuse her both physically and mentally, rebuke with abusive word, and reduce the right to independent movement. The applicant endured the persecution for the welfare of her family, but magnitude of abuse began to increase day by day. At one stage, the opponent evicted the applicant from his house. Arbitration was held in an attempt to resolve the problem, but it failed. The applicant applied to BNWLA for legal assistance and an application was filed under the DVPPA. Relief Sought: the right to remain in the shared residence (section 10), a protection order (section 14), a residence order directing the opponent not to dispossess or disturb the applicant’s possession of the shared residence (section 15(1)(b)), directing the opponent to provide for the same level of accommodation (section 15(1)(d)), allow the applicant to retrieve her things from the opponent’s residence (section 15(1)(e)), require the opponent to execute a bond that he will not commit further acts of domestic violence (section 15(5)), for protection from nearest police station (section 15(6)), direction to opponent to return property to the applicant (section 15(7)), and a compensation order for maintenance (section 16(5) and 16(6)). Action(s) Taken by the Court: On 01 October, 2012, the Court passed a protection order in favor of the applicant.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Case Study 10: (Case No-350c/12) Court: 1st Class Judicial Magistrate Court, Dinajpur
Background Facts: The applicant married the opponent in 1996 in accordance with Muslim law. They have two daughters in their conjugal life. After marriage, the applicant learned that her husband is a drunken person. He would sell furniture to pay for alcohol. When the applicant tried to prevent him, he rebuked and beat her. He expelled the applicant from his house on 22 August, 2012. Being helpless, the applicant returned to her father’s house, during which time, the opponent did not contact her or provide any maintenance. The applicant tried to return to her conjugal life, but failed. The applicant applied to BNWLA for legal assistance and filed a case under the DVPPA. Relief Sought: the right to remain in the shared residence (section 10), an interim protection order (section 13, a protection order (section 14), a residence order directing the EO to make arrangements for the safe shelter of the applicant (section 15(1)(c)), directing the opponent to allow the applicant to retrieve her things from the opponent’s residence (section 15(1)(e)), and allow continued use of a vehicle (section 15(1)(f)), additional conditions imposed by Court for safety of applicant (section 15(4)), require the opponent to execute a bond that he will not commit further acts of domestic violence (section 15(5)), for protection from nearest police station (section 15(6)), and a compensation order (section 16). Action(s) Taken by the Court: On 14 November, 2012, the Court passed an order directing the opponent to pay 3000/- BDT per month to the applicant as maintenance according to the section 16(6) of the DV Act. The Court commented that as the process of divorce was ongoing, an interim residence order should not be passed.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Case Study 11: (Case No-164c/12) Court: Judicial Magistrate Court, Bogra Background Facts: The applicant married the opponent on 4 February, 2011 in accordance with Muslim law. The couple’s conjugal life was initially peaceful, but the applicant’s in-laws began to persecute her, demanding dowry. The applicant used to bear all persecution and did not express the matter to anyone. The opponent used to abuse her, both physically and mentally, with the magnitude of abuse increasing day by day. Being helpless, she went to her father’s house began to subsist her life of poverty. She approached BNWLA for legal assistance and filed an application under the DVPPA. Relief Sought: the right to remain in the shared residence (section 10), a protection order (section 14), and a residence order directing the opponent to not visit the shared residence (section 15(1)(a)), and not to dispossess or disturb the applicant’s possession of the shared residence (section 15(1)(b)). Action(s) Taken by the Court: On 21 November, 2012, the Court passed an order of mutual settlement after hearing from both sides.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Chapter
8
RECOMMENDATIONS
General Recommendations for Improved Implementation n
Ensure Institutional Support for Victims: There should be a country-wide mapping of service providers and the scope of their services would make it easier to see understand how far services have been extended to victims as well as what groups are being targeted. This understanding would enable the government and NGOs to develop their services to reach the under-served. In addition, the mechanism to certify mental abuse of victims needs to be established in rural as well as in urban areas. This would require significant budget allocation.
n
Develop National Surveillance System: In order to identify the domestic violence of women and recommend solutions, a systematic monitoring mechanism should be formed and led by the Parliamentary Standing Committee for MoWCA.
n
Sensitization and Capacity Building: One of the major challenges for the effective implementation of DVPPA is changing the existing concept of domestic violence in society. Individuals need to understand that domestic violence is not a personal matter to be dealt behind the closed door. Awareness should be raised regarding this Act. In addition, stakeholders under this Act who work directly with the victims of domestic violence need to be women and child friendly. Victims need to be provided with confidential legal support. In order to do the same efficiently, stakeholders should be provided necessary professional capacity building training.
n
Develop Enforcement Mechanism: In order to prevent domestic violence, short-term, midterm and long-term planning for developing effective enforcement mechanisms is essential. As a part of this, Rules under this Act has been passed.
n
Develop Effective Coordination Mechanism: Coordination should be maintained among the organizations and the stakeholder who are directly working to implement this Act. For this
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
purpose, harmonization among the law enforcement agencies and inter-ministries is essential. The survivor should be given necessary counseling regarding her rights and remedy under this Act, along with other laws. n
Community Based Response System Building: Standing committees at the Union level, including the Committee on Violence against Women and Health, should be activated. In order to prevent domestic violence, getting information in this regard can be included in the right of information program of the government.
n
Have Dedicated Enforcement Officers: One lesson learned from neighboring country India, is that, according to the Chairperson of West Bengal’s Woman’s Commission, Protection Officers (serve a similar function to Enforcement Officers under India’s 2005 domestic violence law) who were newly appointed and only assigned to carry out functions of Protection Officers are much more effective than individuals who are assigned Protection Officers duties on top of other assignments.
Recommendations from Judges on DVPPA and Implementation BNWLA organized seven (07) sharing session with judges on the enforcement of DVPPA through the Judicial Administration Training Institution in 2012 and 2013 with participation from 257 judges including Judicial Magistrates, Chief Judicial Magistrates, Assistant Judges, Senior Assistant Judges, District Judges, and Session Judges. The following are major recommendations from the sharing sessions for improvements both in the law itself and in the implementation of the law: n
Definition of Joint Family: The term “joint family” is used in the definition of “Family” given in section 2(10) of the DVPPA without being defined. A definition for “joint family” should be included in the DVPPA.
n
Definition of Court: Under section 21(1), the Court of Judicial Magistrate or Metropolitan Magistrate is given jurisdiction to hear cases under the DVPPA. A definition of “Court” should be included in the definition section of the Act (section 2).
n
Realization of Compensation: Section 16(10) states that the compensation orders passed under this Act may be realized according to the provisions of Public Demands Recovery Act, 1913. However, the process under this Act is very complicated and time consuming. Instead, power should be given to the Court of Judicial Magistrate or Metropolitan Magistrate to realize compensation under the DVPPA instead of to the Administrative Magistrate under the Public Recovery Act.
n
Cognizable Offences under DVPPA: According to section 29, offences under the DVPPA are cognizable. However, in consideration of the spirit of the law, offenses should be non-cognizable. If offenses are cognizable, then the police will arrest the respondent in the initial stages and relief will be limited to the scope of mediation.
n
Court of First Instances: Section 21(1) makes provisions for trial of an offence by Judicial Magistrate or Metropolitan Magistrate whereas Section 22(2) provides for application of Chapter XXII of the CrPC in the trial of cases. Section 260 of the CrPC makes provisions for trial of certain offences by the Metropolitan Magistrates or Magistrate of the First Class. The term Judicial Magistrate may be substituted by Senior Judicial Magistrate or Magistrate of the First Class.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010 n
Provision for Appeal: Section 28 of DVPPA governs the appeals procedure. Chief Judicial Magistrate and Chief Metropolitan Magistrate are conferred with the power to hear appeals from judgments and orders passed under the Act. However, under Section 407 of the CrPC, the Chief Judicial Magistrate and Chief Metropolitan Magistrate are not empowered to hear appeals from the conviction and sentences passed by Senior Judicial Magistrates or Metropolitan Magistrates. Appeal jurisdiction may be considered to be conferred upon Sessions Judges.
n
Jurisdiction of Trial Court: As most of the provisions of the DVPPA are civil in nature, with the violation of a protection order and false complaint section being the only sections that are criminal in nature, a more appropriate court to be granted jurisdiction under the Act may be the Family Court rather than the Judicial Magistrate. The environment of a court is very important when handling domestic violence cases and the environment of the Family Court may be better than the Magistrate Court to deal with a sensitive issue like domestic violence.
Recommendations from EOs on the Rules After the Government passed the Rules, BNWLA held a sharing session with twenty (20) EOs. During this sharing session, the EOs identified the following problem with the Rules. According to Section 11 of the DVPPA, an EO can submit an application to the Court on behalf of the victim using a form prescribed by the Rules. But according to section 11 of the Rules, every application should be submitted through a lawyer. The EOs raised their concern that this will make it difficult to get a remedy within 7 days as mentioned section 11(3) of the DVPPA. They recommended that, as there is a specific form prescribed in the Rules, EOs should be able to submit an application to the Court directly on behalf of victim. Then, based on that application, the Court being satisfaction may issue an order for interim protection. Then, at the hearing stage, the engagement of lawyer should mandatory.
Concluding Remarks Domestic violence is one of the worst ways to infringe the human rights of a woman. Previously, it was seen as a personal issue, beyond the reach of the law. However, after the enactment of the DVPPA, it is no longer a mere personal issue beyond the reach of the law. However, the enactment of a law alone is not enough to prevent domestic violence. Rather, there needs to be a change in the patriarchal view of women within Bangladesh society. Domestic violence has significant adverse effects, not only on individual victims, but on society at large. Women empowerment and participation in the national economy can only be ensured when violence is prevented. In order for this to happen, there must be social and political commitment to ending the violence. It is the duty of every individual to form a society that prioritizes the elimination of violence.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Government of the Peoples’ Republic of Bangladesh
LIST OF ANNEXURE
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Annexure 1: Domestic Violence (Prevention and Protection) Act, 2010 [Act 58 of 2010] An Act to provide as a signatory state of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 and the Convention on the Children’s Right, 1989 and to establish equal rights for women and children guaranteed in the Constitution of the People’s Republic of Bangladesh prevention of domestic violence, protection of women and children from domestic violence and for matters connected therewith or incidental thereto. WHEREAS it is expedient and necessary as a signatory state of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 and Convention on the Children’s Right, 1989 and to establish equal rights for women and children guaranteed in the Constitution of the People’s Republic of Bangladesh prevention of domestic violence, protection of women and children from domestic violence and for matters connected therewith or incidental thereto:THEREFORE it is hereby enacted as follows:-
Chapter-One Introduction 1. Short title, extent and commencement.(1)
This Act may be called the Domestic Violence (Prevention and Protection) Act, 2010.
(2)
It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
2. Definitions.- In this Act, unless there is anything repugnant in the subject or context(1)
“Interim Protection order” means an order passed under section 13 of this Act;
(2)
“Shared residence” means a residence where(a)
the victim lives;
(b)
at any stage has lived singly or along with the respondent in a family relationship;
(c)
which owned or tenanted either jointly by the victim and the respondent, or owned or tenanted by either of them;
(d)
which either the victim or the respondent or both jointly or singly have any right, title, interest or equity;
(e)
which may belong to the family of which the respondent is or was a member, irrespective of whether the respondent or the victim has any right, title or interest;
(3)
“Application” meansa petition submitted to the court for any sort of remedy under this Act either by a victim or any other person on behalf of a victim;
(4)
“Shelter home” means any home or institution with residential facilities maintained or managed by the government or by private organization, where victim can stay safely on temporary basis;
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
(5)
“Compensation order” means an order given under section 16 of this Act;
(6)
“Victim” means a child or woman who is or has been or is at risk of being subjected to domestic violence by any other member of the family to whom a family relationship exists;
(7)
“Safe place” means any home or institution maintained or managed by any person or agency or organization approved by the government or which is considered as safe place for victim by the court;
(8)
“Custody order” means an order granted under section 17 of this Act;
(9)
“Women” means any woman irrespective of age.
(10)
“Family” comprises of those persons who live or have, at any point of time, lived together in a shared residence, when they are related by consanguinity or marriage or adoption or member of joint family;
(11)
“Family relationship” means a relationship between two persons who are related by consanguinity or marriage or adoption or member of joint family;
(12)
“Domestic violence” means any act as defined in section 3 of this Act;
(13)
“Respondent” means any person, against whom any sort of remedy under this Act has been sought for;
(14)
“Enforcement Officer” means the Upazila Women Affairs officer under the control of the Department of Women Affairs or any officer appointed by the government on this behalf under section 5;
(15)
“Code” means The Code of Criminal Procedure, 1898 (Act V of 1898);
(16)
“Residence order” means an order granted under section 15 of this Act;
(17)
“Rules” means rules framed under this Act;
(18)
“Child” means a person below the age of eighteen years;
(19)
“Protection order” means an order given under section 14 of this Act;
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Chapter-Two Domestic Violence 3. Domestic violence.- For the purpose of this Act, domestic violence means physical abuse, psychological abuse, sexual abuse or economic abuse against a woman or a child of a family by any other person of that family with whom victim is, or has been, in family relationship. Explanation: For the purpose of this section(a) “Physical abuse”- that is, any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the victim and includes assault, criminal intimidation and criminal force; (b) “Psychological abuse”- that includes but is not limited to:(i)
verbal abuse including insults, ridicule, humiliation, insults or threats of any nature;
(ii)
harassment; or
(iii)
controlling behaviour, such as restrictions on mobility, communication or self-expression;
(c) “Sexual abuse”- that is, any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of the victim; (d) “Economic abuse” that includes but is not limited to:(i)
deprivation of all or any economic or financial resources or property to which the victim is entitled under any law or custom whether payable under any law or custom or an order of a court or any other competent authority;
(ii)
not allow to use the articles of daily necessities to the victim;
(iii)
deprivation or prohibiting the victim from applying legal rights to her stridhan or dower or alimony or any consideration for marriage or any property owned by the victim;
(iv)
transferring without consent of the victim or prohibiting the victim from applying legal rights to any assets whether movable or immovable owned by her;
(v)
deprivation or prohibiting the victim from applying legal rights to continued access to resources or facilities which the victim is entitled to use or enjoy by virtue of the family relationship.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Chapter-Three Duties and Responsibilities of Police Officer, Enforcement Officer and Service Provider, etc. 4. Duties and responsibilities of Police Officer.- A Police Officer, who has received a complaint of domestic violence or is otherwise present at the place of an incident of domestic violence or when the incident of domestic violence is reported to him or her, shall inform the victim(a)
of her right to make an application for obtaining a relief by way of any orders under this Act;
(b)
of the availability of medical services;
(c)
of the availability of services of the Enforcement Officers;
(d)
where applicable, of her right to free legal services under the Legal Aid Act, 2000 (Act 6 of 2000);
(e)
of her right to file a complaint under any other existing law; and
(f)
other duties and responsibilities prescribed by the government in this behalf.
5. Appointment of Enforcement Officer.(1)
For the purpose of this Act, the Government shall, by notification in the official gazette, appoint one or more Enforcement Officers in each upazila, thana, district or in a metropolitan area and shall also notify the area or areas within which an Enforcement Officer shall exercise the powers and functions conferred on him or her by or under this Act.
(2)
The terms and conditions of service of the Enforcement Officer shall be such as may be prescribed rule.
6. Duties and responsibilities of Enforcement Officer.- (l) The Duties and Responsibilities of Enforcement Officer shall be as follows:(a)
to assist the court in discharge of its functions under this Act;
(b)
to provide report to the court regarding domestic violence;
(c)
to forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction the domestic violence is alleged to have been committed;
(d)
to make an application to the Court, if the victim so desires, claiming relief for issuance of a protection order;
(e)
to take necessary steps so that the victim is provided legal aid under the Legal Aid Act 2000 (Act 6 of 2000), and make available the application form along with other facilities free of cost;
(f)
to maintain a list of all legal aid and human rights organization or psycho-social counseling services, shelter homes and medical facilities within the jurisdiction of the Court;
(g)
to refer the victim to a safe shelter home if the victim so requires and forward a copy of a report of having lodged the victim in a shelter home to the police station and the Court having jurisdiction in the area where the shelter home is situated;
(h)
to refer the victim for medical examination if required and forward a copy of the medical
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
report to the police station and the Court having jurisdiction in the area where the domestic violence is alleged to have taken place; (i)
to ensure that the order for compensation is executed; and
(j)
to perform such other duties as may be prescribed by rules.
(2)
The Enforcement Officer shall be under the supervision of the Court, and shall perform the duties and responsibilities imposed on him/her by the Government or by the Court under this Act.
7. Service provider and their duties and responsibilities.(1)
Subject to the provisions of this Act and rules framed under it, any voluntary association registered under the Societies Registration Act, 1860 (Act XXI of 1860), or the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961( Ordinance No. XLVI of 1961) or a non- profit company or organization registered under the Companies Act, 1994 (Act 18 of 1994), or any non- profit organization or institution registered at NGO Affairs Bureau under Foreign Donations (Voluntary Activities) Regulation Ordinance,1978 (Ordinance No. XLVI of 1978), any other organization approved by the Government under any other law for the time being in force with the objective of inter alia protecting the human rights especially the rights and interests of women and children by any lawful means including providing of legal aid, medical, financial or other assistance shall be treated as a service provider for the purposes of this Act.
(2)
Duties and responsibilities of a service provider shall be as follows:-
(a)
record the domestic incident report in the prescribed form if the victim so desires and forward a copy thereof to the Court and the Enforcement Officer having jurisdiction in the area where the domestic violence took place;
(b)
refer the victim for medical examination and forward a copy of the medical report to the Enforcement Officer and the police station within the local limits of which the domestic violence took place;
(c)
refer the victim to a shelter home, if she so requires and forward a report of the lodging of the victim in the shelter home to the police station within the local limits of which the domestic violence took place.
(d)
perform such other duties and responsibilities as may be prescribed by rules.
8.
Duties of shelter homes.- On request by a victim or on her behalf, a police officer, an Enforcement Officer or any other person, the authority responsible for a shelter home shall provide shelter to the victim therein.
9.
Duties of medical service provider.- On request by a victim or on her behalf, a police officer, an Enforcement Officer, a service provider or any other person, the person in-charge of the medical facility in the hospital, clinic or medical centre shall provide medical aid to the victim.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Chapter-Four Rights of Victim, Remedies, etc. 10. Right to reside in the shared home.- The victim shall have every right to reside in the shared residence due to family relationship. 11. Application to Court.– (1) A victim or on her behalf, a police officer, an Enforcement Officer, a service provider or any other person, can apply to get remedy according to the provisions of this Act. (2)
Every application under sub-section (1) shall be submitted in such form as may be prescribed by the rule.
(3)
The Court, shall fix up the date of hearing the victim within 7(seven) working days after receiving the application under sub-section (1).
12. Place of filing application.- A petition under this Act may be filed in any court under whose local jurisdiction the following places are situated- (a)
the applicant resides;
(b)
the respondent resides;
(c)
the place where the domestic violence occur; or
(d)
the place where the victim temporarily resides.
13. Interim protection order and issuance of notice.– (1)
The Court, upon receipt of an application under section 11, if satisfied by examining the documents submitted thereto that there is prima facie that the respondent has committed or possibility of committing or abetting to commit domestic violence, then an ex parte interim protection order may be issued against the respondent and simultaneously a show cause notice to the respondent to reply within 7(seven) working days why permanent protection order shall not be issued against him.
(2)
The notice may be issued by registered post, process server, law enforcing agencies or by any other ways prescribed by the rules.
14. Protection order.- The Court may, after giving the parties an opportunity of being heard, satisfied that domestic violence has taken place or is likely to take place, issue a protection order in favour of the victim and issue order restraining the respondent from committing following acts, namely:-
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(a)
fromcommitting any act of domestic violence;
(b)
aiding or abetting in the commission of any acts of domestic violence;
(c)
prohibiting or restraining from entering any protected person’s place of employment, business, or educational institution or other institution which the protected person ordinarily visits;
(d)
prohibiting or restraining from making any personal, written, telephone, mobile phone, email or any other form of communication with the protected person;
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
(e)
prohibiting from causing violence to the dependants of the victim or any relatives or any person who gives assistance to the victim from domestic violence;
(f)
any other act that may be cited in the protection order.
15. Residence orders.(1)
The court, on the basis of application may issue the following residence orders, namely:(a)
restraining the respondent from residing or visiting the shared residence or specified part thereof where the victim resides;
(b)
restraining the respondent from dispossessing or in any other manner disturbing the possession of the victim from the shared household;
(c)
directing the Enforcement Officer to make arrangement for a safe shelter or safe place for the victim and her child/children, if the victim so consents to her placement in such alternative arrangement, during the existence of the protection order and if the continuous stay of the protected person at the shared residence is considered by the Court to be not safe for the protected person;
(d)
directing the respondent to secure the same level of alternate accommodation for the victim as enjoyed by her in the shared residence or to pay rent for the same, if the circumstances so require;
(e)
requiring the respondent against whom the order is made to permit any protected person, accompanied by the Enforcement Officer, to enter the offender’s residence, shared or not, for the purpose of collecting the protected person’s personal belongings including her medical, educational and professional records, documents and certificates, passport, bank account documents, savings certificate and other investment papers and documents, personal income tax documents, jeweler, cash money, mobile phone, household goods and valuables of any description;
(f)
order against the respondent to permit any protected person to have the continued use and expenses of a vehicle which has previously been ordinarily used by the protected person.
(2)
If a right to exclusive occupation of a shared residence or any part thereof is granted to the protected person, such order shall not affect any title or interest that the respondent against whom the order is made;
(3)
The Court, shall make an order evicting the person against whom the order is made from the whole of a shared residence that is solely owned by him or her, it is satisfied that there is no other way to secure the personal safety of the protected person for the time being:
Provided that such order shall revoked, if- (a)
a suitable safe shelter or safe place or alternative residence is found for the protected person; or
(b)
the Court being otherwise satisfied that it is no longer necessary to continue the order for securing the personal safety of the protected person.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
(4)
The Court may impose any additional conditions or pass any other direction which it may deem reasonably necessary or incidental to protect or to provide for the safety of the victim or her child/children or any member of her family.
(5)
The Court may require the respondent to execute a bond, with or without sureties, that neither he/she nor any of his/her family members will commit any further acts of domestic violence.
(6)
While passing an order under sub-section (1), sub-section (2) or sub-section (3) the Court may also pass a written order directing the officer in charge of the nearest police station to give protection to the victim or her child/children.
(7) The Court may direct the respondent to return to the possession of the victim any immovable property, her stridhan or dower or alimony or any other marital property and moveable assets, valuables, documents, certificates and any other property or valuable security to which she is entitled. 16. Compensation order.(1)
If there is any personal injury or financial loss or trauma or psychological damage or damage to movable or immovable property or any possibility of such damage or loss as a result of domestic violence, she may file a claim for compensation either along with the application under section 11 or separately later on.
(2)
The Court shall disposed of the application submitted under sub-section (1) within 6(six) months of it’s receive.
(3)
The Court, in the process of disposal of the application submitted under sub-section (1), after giving the parties opportunity of being heard, subject to the provisions of sub-section (4), award such monetary compensation as it deems reasonable.
(4) Before disposal of the application submitted under sub-section (1), the Court may give responsibility on a person or any organization to find out the actual loss or damage and during the hearing of the claim for such compensation may take into consideration the following facts:
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(a)
the pain and suffering of the victim and the nature and extent of the physical or mental injury suffered;
(b)
the cost of medical treatment for such injury;
(c)
temporary or permanent effect of such injury;
(d)
any loss of earnings, present and prospective, arising there from;
(e)
the amount and value of the movable or immovable property taken or transferred or destroyed or damaged;
(f)
reasonable expenses already incurred by or on behalf of the victim in securing protection from violence.
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
(5)
The Court may pass an order against the respondent for the maintenance of the victim as well as her children, if any, which is adequate, reasonable and consistent with the standard of living of the victim.
(6)
The Court may an order of lump sum payment or monthly payments of maintenance, if it deems fit.
(7)
The Court shall send a copy of the compensation order made under this section to the concern parties and to the Officer in Charge of the police station within the local limits of whose jurisdiction the respondent ordinarily resides or stay.
(8)
If the respondent is an employee of government, non-government, semi-government or an autonomous organization, then a copy of the compensation order shall be sent to the higher authority of the respondent.
(9)
If the respondent fails to pay the compensation according to the order made under sub-section (3), the Court may direct the employer or a debtor of the respondent, to directly pay to the victim or to deposit in her bank account a portion of the wages or salaries or debt due to or accrued to the credit of the respondent.
(10) The compensation imposed under this section may be realized according to the provisions of the Public Demands Recovery Act, 1913(Bengal Act III of 1913). 17. Custody orders.- Notwithstanding anything contained in any other law for the time being in force, the Court may, at any stage of hearing of the application for a protection order or for any other relief under this Act grant order for temporary custody of any child or children of the victim to the victim or to any applicant in favour of the victim and if necessary, the arrangements for any visit to such child or children by the respondent. 18. Court to give copies of order free of cost.- The Court shall, in all cases where it has passed any order under this Act, order that a copy of such order shall be given free of cost to the parties to the application, the officer in-charge of the concern police station, the Enforcement Officer and if applicable, any service provider. 19. Duration and alteration of orders.(l)
A protection order made under the section 14 shall be in force till the application for discharge submitted by the victim and accepted the same by the Court.
(2)
If the Court, on receipt of an application from the victim or the respondent, is satisfied that there is a change in circumstances requiring alteration, modification, amendment or revocation of any order made under this Act, it may, for reasons to be recorded in writing pass such order, as it deems appropriate.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Chapter-Five Disposal of Application, Trial, Appeal, etc. 20. Disposal of cases.(1)
The Court shall, dispose of every application made under this Act, under section-16 except the application of compensation order, within a period of 60 (sixty) working days from the date of issuance of notice.
(2)
Where the concerned Court fails to dispose of the application within the stipulated time under sub-section (1) on unavoidable reasons, reasons to be recorded in writing it shall disposed of the case within another 15(fifteen) working days and shall inform the matter in writing to the appellate court.
(3)
Where the concerned Court again fails to dispose of the case within the extended time under sub-section (2), reasons to be recorded in writing it shall disposed of the case within another 7(seven) working days and shall inform the matter of such time extension in writing to the appellate court.
(4)
Where the concerned Court again fails to dispose of the case within the extended time under sub-section (3), it shall dispose of the case as soon as possible and shall send a written report in every 7(seven) days to the appellate court, but the appellate court either by the application of any party or its own motion may transfer the case to any other appropriate court.
(5)
When any case is transferred under sub-section (4), it shall be disposed of on priority basis and action shall be taken from the stage where it was pending, as if it was pending in this court on that stage and it was never transferred.
21. Trial.(1)
Notwithstanding anything contained in the Code of Criminal Procedure or in any other law for the time being in force, any application or trial of an offence or any proceeding under this Act shall be tried of by a Judicial Magistrate or where applicable, by a Metropolitan Magistrate.
(2)
In granting the compensation order the Judicial Magistrate or Metropolitan Magistrate shall have no pecuniary jurisdiction.
22. Procedure of trial. (1)
Save as otherwise provided in this Act, for disposal of any application or trial of an offence or any proceeding under this Act the provisions of the Code of Criminal Procedure shall be applicable.
(2)
For disposal of any application or trial of an offence or any proceeding under this Act the provisions of summary trial laid down in chapter XXII of the Code of Criminal Procedure shall be applicable.
23. Proceedings to be held in camera.- The Court, either on the consent of the concern parties or its own motion deem necessary, it may conduct the proceedings under this Act in camera. 24. Local inquiry.– In the process of disposal of any application or proceeding the court may direct, after due notice to the parties, to make local inquiry to ascertain the truth of the incidence and such inquiry shall be completed within the stipulated time given by the court.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
25. Service of order.(1)
Any order issued by the court under this Act shall be served to the parties according to the procedure laid down in the Code of Criminal Procedure.
(2)
Any order issued by the court under this Act shall be served by the process server of the court or by the police officer or by the Enforcement Officer:
Provided that the warrant of arrest shall be served by the police officer. (3)
The process server or the police officer or the Enforcement Officer shall serve the copy of the order within 3(three) working days and submit the service return to the court along with a certificate that such order was duly served.
(4)
If necessary, in addition to the above methods order or notice may be served by registered post or by courier service or by any other ways prescribed by the rules, and for these additional ways the cost of service shall be borne by the applicant.
26. Trial in absence of the respondent.(1)
Where the notice for appearance of the respondent was served properly and the respondent does not appear before the court or after appearing once remains absent at the subsequent date, the court recording its decision so to do, try the case in absence of the respondent and disposed of the case ex parte.
(2)
Where the notice for appearance of the respondent was served properly and the respondent does not appear before the court or after appearing once remains absent at the subsequent date, the court may, issue warrant of arrest against the respondent.
27. Rejection of complaint.- When any complaint is being rejected by a court due to the absence of the complainant, the court by whom the complaint was rejected, on the basis of application made by the complainant and also on satisfactory ground, may revive the case from the stage where it was rejected: Provided that the application must be submitted within 30 (thirty) working days of rejection and such application must not be submitted more than once. 28. Appeal.(1)
Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, for the purpose of this Act the Chief Judicial Magistrate or where applicable, the Chief Metropolitan Magistrate court shall be deemed the appellate court.
(2)
The appeal against any order under this Act shall be filed by any aggrieved party within 30 (thirty) working days from the date of passing of the order to the Chief Judicial Magistrate or where applicable, to the Chief Metropolitan Magistrate court.
(3)
The appeal shall be disposed of within 60 (sixty) working days from its filing and it must not be transferred more than once without any valid reason.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Chapter-Six Offence, Punishment, etc. 29. Cognizance, bailablity and compoundablity. - The offence committed under this Act shall be cognizable, bailable and compoundable. 30. Penalty for breach of protection order. - A breach of protection order by the respondent shall be an offence under this Act and shall be punishable with imprisonment which may extend to 6(six) months, or with fine which may extend to 10(ten) thousand Taka, or with both and repetition of any offence shall be punishable with imprisonment which may extend to 2(two) years, or with fine which may extend to 1(one) lakh Taka, or with both. 31. Community welfare service.(1)
The Court, if it deems fit, instead of passing an order of sentence against the respondent under section 30, may pass an order to perform various community welfare services by the respondent and responsibility may be vested upon any institution or organization to supervise such services.
(2)
From the income gained by the respondent due to the community welfare services under subsection (1), the Court may pass an order to pay such portion of the income to the victim and where applicable, to her child/children or any dependants as it deems appropriate.
(3) For the purpose of the sub-section (1) and (2) rules may be framed. 32. Punishment for false complaint.- If any person with the motive of causing loss to any other person knowing that there is no cause of complaint under this Act, nevertheless makes a complaint, shall be punishable with imprisonment which may extend to 1(one) year, or with fine which may extend to 50(fifty) thousand Taka, or with both.
Chapter-Seven Miscellaneous 33. Public Servants.- The Enforcement Officers, while acting or purporting to act in pursuance of any of the provisions of this Act shall be deemed to the public servants within the meaning of section 21 of the Penal Code,1860. 34. Accountability of Enforcement Officer.- If any Enforcement Officer fails or refuses to discharge his or her duties as directed by the Court without any sufficient reason, he or she shall be liable for departmental proceeding. 35. Act not in derogation of any other law.- The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force. 36. Power to make rules. - The Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act. 37. Authentic English text.- The Government may, by notification in the Official Gazette, published an authentic text of the original Bengali Act in English: Provided that in the event of conflict between the Bengali and the English text, the Bengali text shall prevail.
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Annexure 2: Gazette Notification dated 30 December, 2010 bringing the DVPPA into force (Bangla)
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Annexure 3: Government Notification to the Office of DWA assigning
District Woman Affairs Officers to perform as Enforcement Officers under the DVPPA (Bangla)
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Annexure 4: Domestic Violence (Prevention and Protection) Rules, 2013 MYcÖRvZš¿x evsjv‡`k miKvi gwnjv I wkï welqK gš¿Yvjq evsjv‡`k mwPevjq, XvKv cÖÁvcb ZvwiL 16 ˆekvL, 1420 e½vã/29 GwcÖj, 2013 wLªt| Gm,Avi, I bs 116/AvBb/ 2013|- cvwievwiK mwnsmZv (cÖwZ‡iva I myi¶v) AvBb 2010 (2010 m‡bi 58 bs AvBb) Gi aviv 36 G cÖ`Ë ¶gZve‡j miKvi wbgœi“c wewagvjv cÖYqb Kwij, h_v:-
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2| msÁv|- welq ev cÖms‡Mi cwicš’x wKQy bv _vwK‡j, GB wewagvjvq(K) ÔÔAvBbÕÕ A_© cvwievwiK mwnsmZv (cÖwZ‡iva I myi¶v) AvBb, 2010 (2010 m‡bi 58 bs AvBb); (L) ÒZ_¨KwYKvÓ A_© cvwievwiK mwnsmZv cÖwZ‡iva I myi¶v msµvš— gš¿Yvjq KZ©„K gyw`ªZ cyw¯—Kv; (M) ÒcvwievwiK mwnsmZvÓ A_© AvB‡bi aviv 3 G cvwievwiK mwnsmZv Awfe¨w³wU †h A‡_© e¨eüZ nBqv‡Q; (N) ÒcÖ‡qvMKvix Kg©KZ©vÓ A_© gwnjv welqK Awa`߇ii wbqš¿Yvaxb Dc‡Rjv gwnjv welqK Kg©KZ©v ev miKvi KZ…©K AvB‡bi aviv 5 Abymv‡i wbhy³ †Kvb Kg©KZ©v;
(O) ÔÔdigÕÕ A_© GB wewagvjvi ‡Kvb dig; (P) Ògš¿YvjqÓ A_© gwnjv I wkï welqK gš¿Yvjq; Ges (Q) Òms¶zä e¨w³Ó A_© †Kvb wkï ev bvix whwb cvwievwiK m¤úK© _vwKevi Kvi‡b cwiev‡ii Aci †Kvb m`m¨ KZ©©„K cvwievwiK mwnsmZvi wkKvi nBqv‡Qb ev nB‡Z‡Qb ev mwnsmZvi SuywKi g‡a¨ iwnqv‡Qb|
3| cÖ‡qvMKvix Kg©KZ©vi wbKU cvwievwiK mwnsmZvi Z_¨ cª`vb, BZ¨vw`|(1) †Kvb ms¶zä e¨w³ ev Zvnvi c‡¶ Ab¨‡Kvb e¨w³i hw` wek¦vm Kwievi hyw³ m½Z KviY _v‡K †h, cvwievwiK mwnsmZvg~jK NUbv msNwVZ nBqv‡Q ev nBevi m¤¢vebv iwnqv‡Q, Zvnv nB‡j wZwb GLwZqvim¤úbœ cÖ‡qvMKvix Kg©KZ©v‡K dig-K Abyhvqx wjwLZfv‡e A_ev ‡gŠwLKfv‡e A_ev †Uwj‡dvb, †gvevBj ev B-‡gB‡ji gva¨‡g D³ NUbv m¤ú‡K© AewnZ Kwi‡eb| (2) Dc-wewa (1) Gi Avaxb cÖvß Z_¨ cÖ‡qvMKvix Kg©KZ©v dig-L †iwR÷v‡i wjwce× Kwi‡eb Ges Dnvi Abywjwc ms¶zä e¨w³ ev Z_¨ cÖ`vbKvix‡K webvg~‡j¨ mieivn Kwi‡eb| 65
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
4| cÖ‡qvMKvix Kg©KZ©vi `vwqZ¡|- (1) AvB‡bi aviv 6 Gi Dc-aviv (1) Gi `dv (T) Gi D‡Ïk¨ c~iYK‡í Ges D³ avivi mvgwMÖKZv‡K ¶zbœ bv Kwiqv cÖ‡qvMKvix Kg©KZ©vi wbgœi“c `vwqZ¡ I KZ©e¨ _vwK‡e, h_v:(K) ms¶y× e¨w³‡K AvB‡b cÖ`Ë AwaKvi I cÖwZKvimg~n m¤ú‡K© AewnZKiY I webvg~‡j¨ Z_¨KwYKv cÖ`vb; (L) dig ÒKÓ c~i‡Y ms¶zä e¨w³ ev Zvnvi c‡¶ Z_¨ cÖ`vbKvix‡K, cÖ‡qvR‡b, mn‡hvwMZv cÖ`vb; (M) ms¶yä cÖwZeÜx bvix I wkïi cÖwZewÜZvi welqwU we‡ePbv Kwiqv mn‡hvwMZvi Rb¨ cÖ‡qvRbxq e¨e¯’v MÖnY; (N) Av`vj‡Zi Pvwn`v ev wb‡`©k †gvZv‡eK mnvqZv cÖ`vb; (O) ‡mev cÖ`vbKvix cÖwZôv‡bi mnvqZvq ev GKKfv‡e cvwievwiK mwnsmZvi gvgjvi AMÖMwZi Z`viwKKiY|
5| †mev cÖ`vbKvix cÖwZôv‡bi ZvwjKv|- (1) AvB‡bi aviv 7 Gi Dc-aviv (1) G D‡jøwLZ †Kvb †mev cÖ`vbKvix cÖwZôvb AvB‡bi Aaxb †mev cÖ`vbKvix cªwZôvb wnmv‡e KvR Kwievi ZvwjKvfyw³i Rb¨ gš¿Yvjq eive‡i dig-M Abyhvqx Av‡e`b Kwi‡Z cvwi‡e| (2) Dc-wewa (1) Gi Aaxb Av‡e`b cÖvwßi ci gš¿Yvjq Av‡`bKvix cÖwZôv‡bi Dchy³Zv m¤ú‡K© mš‘ó nB‡j, Dnv‡K †mev cÖ`vbKvix cÖwZôvb wn‡m‡e ZvwjKvfy³ Kwiqv A_ev ZvwjKvfy³ bv Kwievi KviY _vwK‡j Dnvi KviY wjwce× Kwiqv mswkó cÖwZôvb‡K ZvwjKvfy³ Kiv ev bv Kivi welqwU AewnZ Kwi‡et Z‡e kZ© _v‡K ‡h, †Kvb Av‡e`bKvix cÖwZôvb‡K Dnvi e³e¨ Dc¯’vc‡bi my‡hvM bv w`qv D³ Av‡e`b cÖZ¨vLvb Kiv hvB‡e bv| (3) gš¿Yvjq †mev cÖ`vbKvix cÖwZôvbmg~‡ni ZvwjKv wefvM/†Rjv wfwËK cÖ¯‘Z Kwiqv mKj cÖ‡qvMKvix Kg©KZ©vi Kvh©vj‡q †cÖiY Kwi‡e Ges msev`cÎ I gš¿Yvj‡qi I‡qe mvB‡UI Dnv cÖKv‡ki e¨e¯’v Kwi‡e| (4) Dc-wewa (3) Gi Aaxb †mev cÖ`vbKvix cÖwZôv‡bi ZvwjKv cÖvwßi ci mswkøó cÖ‡qvMKvix Kg©KZ©v D³ ZvwjKv Zvnvi Kvh©vj‡qi †bvwUk †ev‡W© ev mn‡R `„wó‡MvPi nq GBi“c †Kvb cÖKvk¨ ¯’v‡b UvbvBqv ivwL‡eb|
6| †mev cÖ`vbKvix cÖwZôv‡bi `vwqZ¡ |- AvB‡bi aviv 7 Gi Dc-aviv (2) Gi `dv (N) Gi D‡Ïk¨ c~iYK‡í Ges D³ avivi mvgwMÖKZv‡K ¶zbœ bv Kwiqv †mev cÖ`vbKvix cÖwZôv‡bi wbgœi“c `vwqZ¡ I KZ©e¨ _vwK‡e, h_v:(K) AvB‡bi Aaxb cÖ`Ë cÖwZKvi I †mevmg~n m¤ú‡K© ms¶zä e¨w³‡K AewnZKiY; (L) gš¿Yvjq KZ©„K mieivnK…Z Z_¨KwYKv cÖPv‡ii Rb¨ webvg~‡j¨ weZiY ; (M) dig-K c~i‡Y ms¶zzä e¨w³‡K mn‡hvwMZv cÖ`vb Ges dig-N Abyhvqx Z_¨ wjwce×KiY I msi¶Y Ges Dnvi Abywjwc ms¶zä e¨w³‡K webvg~‡j¨ mieivnKiY; (N) †mev cÖ`vbKvix cÖwZôvb Dnvi Kg©cwiwafy³ †mev cÖ`v‡bi j‡¶¨ h_vh_ AvBbvbyM c`‡¶c MÖnY Ges welqwU wbKUeZ©x _vbv Ges cª‡qvMKvix Kg©KZ©v‡K AewnZKiY; 66
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
(O) ms¶yä cÖwZeÜx bvix I wkïi cÖwZewÜZvi welqwU we‡ePbv Kwiqv cÖ‡qvRbxq mnvqZv cÖ`vb; (P) wewa 4 Gi `dv (N) ev¯—evq‡bi j‡¶¨ cÖ‡qvMKvix Kg©KZ©v‡K mvwe©K mn‡hvwMZv I mnvqZv cÖ`vb|
7| cywjk Awdmv‡ii `vwqZ¡|- AvB‡bi aviv 4 Gi `dv (P) Gi D‡Ïk¨ c~iYK‡í Ges D³ avivi mvgwMÖKZv‡K ¶zbœ bv Kwiqv cywjk Awdmv‡ii wbgœi“c `vwqZ¡ I KZ©e¨ _vwK‡e, h_v:(K) cvwievwiK mwnsmZvi msev` cÖvß nBevi ci Dnv dig-O Abyhvqx wjwce×KiY Ges Dnvi Abywjwc ms¶zä e¨w³ ev, †¶ÎgZ, Z_¨ cÖ`vbKvix‡K mieivnKiY Ges D³ NUbv mswkøó cÖ‡qvMKvix Kg©KZ©v‡K AewnZKiY; (L) cvwievwiK mwnsmZvg~jK NUbv mswkøó wRwbmcÎ I `ªe¨vw`mn Avbylw½K Ab¨vb¨ cÖ‡qvRbxq KvMRcÎ msMÖnKiY; (M) cÖ‡qvMKvix Kg©KZ©vi Pvwn`v †gvZv‡eK cvwievwiK mwnsmZvi NUbvi Z_¨ msMÖ‡n ev GZ`mswkøó Ab¨vb¨ †¶‡Î cÖ‡qvMKvix Kg©KZ©v‡K mn‡hvwMZv cÖ`vb;
8| Av`vjZ eivei Av‡e`b Kwievi c×wZ|- aviv 11 Gi Aaxb ms¶z× e¨w³ ev Zvnvi c‡¶ Z_¨ cÖ`vbKvix, cÖ‡qvMKvix Kg©KZ©v ev †mev cÖ`vbKvix cÖwZôvb dig-P Abyhvqx GKRb AvBbRxexi gva¨‡g Av`vj‡Z Av‡e`b `vwLj Kwi‡Z cvwi‡e|
9| myi¶v Av‡`k j•N‡bi wei“‡× Av‡e`b|(K) cÖwZc¶ KZ…©K myi¶v Av‡`k ev Dnvi †Kvb kZ© j•Nb Kwi‡j ms¶y× e¨w³ ev Zvnvi c‡¶ †Kvb e¨w³ myi¶v Av‡`k j•N‡bi wei“‡× mivmwi myi¶v Av‡`k cÖ`vbKvix Av`vj‡Z A_ev cÖ‡qvMKvix Kg©KZ©vi wbKU wjwLZfv‡e Av‡e`b `vwLj Kwi‡Z cvwi‡eb Ges cÖ‡qvMKvix Kg©KZ©v Dnv mswkøó Av`vj‡Z `vwLj Kwi‡eb|
10| gš¿Yvj‡qi `vwqZ¡|- gš¿Yvjq cÖ‡qvMKvix Kg©KZ©v, cywjk Awdmvi, †mev cÖ`vbKvix cÖwZôvbmn mswkøó mKj‡K ch©vqµ‡g cÖwk¶Y cÖ`v‡bi e¨e¯’v MªnY Kwi‡e|
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
dig-K [wewa 3(1), 4(1)(L) I 6(M) `ªóe¨] cvwievwiK mwnsmZvi Z_¨ weeiYx Z_¨/Awf‡hvM `vwL‡ji ZvwiLt
bvg I †ckv eqm
wk¶vMZ †hvM¨Zv
1. ms¶z× e¨w³i weeiYt wcZvi bvg
¯’vqx wVKvbv
gvZvi bvg
Askx`vix evm¯’vb/ eZ©gvb wVKvbv
†gvevBj b¤^i (hw` _v‡K)
cÖwZc‡¶i mv‡_ m¤úK©
cwiev‡ii m`m¨ msL¨v
wet `ªt ms¶zä e¨w³ cÖwZeÜx nB‡j, Zvnvi aiYt-
bvg I eqm
†ckv
wk¶vMZ †hvM¨Zv
2. ms¶zä e¨w³i c‡¶ Z_¨ cÖ`vbKvixi weeiY (hw` _v‡K) wcZv/¯^vgxi bvg
gvZvi bvg
¯’vqx wVKvbv
eZ©gvb wVKvbv
gvZvi bvg
¯’vqx wVKvbv
eZ©gvb wVKvbv
‡gvevBj b¤^i (hw` _v‡K)
ms¶z× e¨w³i mwnZ m¤úK©
bvg I eqm
†ckv
wk¶vMZ †hvM¨Zv
3. cÖwZc¶ m¤úwK©Z Z_¨ wcZvi/¯^vgxi bvg
ms¶z× ‡gvevBj b¤^i e¨w³i (hw` _v‡K) mwnZ m¤úK
4. ms¶zä e¨w³i mšÍvb m¤ú©wKZ Z_¨(hw` _v‡K)
(K) mšÍv‡bi msL¨vt
(L) mšÍv‡bi weeiYxt µwgK bs 1 2 3 4 68
bvg
eqm
wj½
eZ©gv‡b Kvnvi ZË¡veav‡b Av‡Q (bvg I wVKvbv)
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
5. cvwievwiK mwnsmZvi NUbv: ZvwiL, mgq I ¯’vb
mwnsmZvi aibt kvixwiK/gvbwmK/†hŠb wbh©vZb ev Avw_©K ¶wZ [ cÖ‡hvR¨ †¶‡Î wUK (√) w`b] Ges msw¶ß weeiY I cÖ‡qvRbxq KvMRvw`
gšÍe¨
6. Ab¨ †Kvb AvB‡b cÖwZKvi cÖv_©bv Kiv nBqv‡Q wKbv? gvgjvi aib I aviv
c¶M‡Yi bvg I wVKvbv
wRwW b¤^i, gvgjv b¤^i , `v‡q‡ii ZvwiL, _vbv I Av`vj‡Zi bvg
gvgjvwUi eZ©gvb Ae¯’v Ges cieZ©x ZvwiL
7. †Kvb ai‡bi mn‡hvMxZv ev †mev cÖ‡qvRbt 1|........................................................................................................................ 2|........................................................................................................................ 3|........................................................................................................................ 4|........................................................................................................................
8. mshyw³i ZvwjKv (cÖ‡hvR¨Zv Abyhvqx)t 1|........................................................................................................................ 2|........................................................................................................................ 3|........................................................................................................................ 4|........................................................................................................................ 5|........................................................................................................................ ms¶zä e¨w³/ Z_¨ cÖ`vbKvix bvgmn ¯^v¶i/e„×v½ywji Qvc I ZvwiL
¯^v¶x: 1|........................................................................................................................ 2|........................................................................................................................ dig c~i‡Y mnvqZv cÖ`vbKvixi bvg I ¯^v¶i:
69
70
Z_¨ cªvwßi ZvwiL I mgq
ms¶zä e¨w³/Z_¨ cÖwZc‡¶i bvg wVKvbv cÖ`vbKvixi bvg cvwievwiK mwnsmZI wVKvbv I †gvevBj vi msw¶ß weeiY †gvevBj b¤^i b¤^i
cÖ‡qvMKvix Kg©KZ©vi bvg I ¯^v¶i
µwgK b¤^i
Kvh©vj‡qi bvg I wVKvbvt
dig-L [wewa 3(2) `ªóe¨] †iwR÷vi Ab¨ †Kvb ‡mev cÖ`vbKvix cÖwZôv‡b †cÖiY m¤úwK©Z Z_¨
Av`vj‡Z †cÖiY m¤úwK©Z Z_¨ (gvgjvi b¤^i, ZvwiL Ges gvgjvi eZ©gvb Ae¯’v)
c`‡¶c MÖn‡Yi weeiY
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
dig-M [wewa 5(1) `ªóe¨] †mev cÖ`vbKvix cÖwZôvb wn‡m‡e ZvwjKvfyw³i Av‡e`b dig eivei gwnjv I wkï welqK gš¿Yvjq evsjv‡`k mwPevjq, XvKv| 1. cªwZôv‡bi bvg: 2. cÖavb Kvh©vj‡qi wVKvbv, †dvb b¤^i I B-‡gBj: 3. `vwqZ¡cÖvß e¨w³i bvg, c`ex I wVKvbv (†dvb b¤^imn): 4. wbeÜb b¤^i Ges †h AvB‡bi Aaxb wbewÜZ D³ AvB‡bi bvg: 5. wUAvBGb b¤^i: 6. cÖwZôv‡bi g~j KvR: 7. †h mKj †Rjvq †mev cÖ`vbKvix cÖwZôv‡bi Kvh©µg iwnqv‡Q: 8. cÖwZôv‡bi kvLv Awd‡mi msL¨v: 9. †mev cÖ`v‡b‡i cÖK…wZ: (cÖ‡hvR¨ †¶‡Î wUK wPý w`b) 10. †mevi we¯—vwiZ weeiY I aib: 11. ZvwjKvfy³ nB‡Z B”QzK †mev cÖ`vbKvix cÖwZôvb m¤úwK©Z Ab¨ †Kvb Z_¨
Av‡e`bKvixi ¯^v¶it ZvwiL t mxj : *Z‡_¨i cÖgvb¯^i“c cÖ‡qvRbxq KvMRcÎ mshy³ Kwi‡Z nB‡e|
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
dig-N [wewa 6(M) `ªóe¨] †mev cÖ`vbKvix cÖwZôv‡bi Kvh©vj‡q msiw¶Z Z_¨ †iwRóvi
µwgK b¤^i
Z_¨ cÖvwßi ZvwiL I mgq
ms¶zä e¨w³/Z_¨ cÖ`vbKvixi bvg wVKvbv I †gvevBj b¤^i
cÖwZc‡¶i bvg cvwievwiK cÖ‡qvMKvix wVKvbv I mwnsmZvi Kg©KZ©vi wbKU †gvevBj b¤^i msw¶ß weeiY †cÖi‡Yi ZvwiL
KiYxq c`‡¶‡ci weeiY
`vwqZ¡cÖvß e¨w³i bvg, c`ex I ¯^v¶i
dig-O [wewa 7(K) `ªóe¨] _vbvq msiw¶Z Z_¨ ‡iwRóvi _vbvi bvg I wVKvbv µwgK b¤^i
_vbvq ms¶zä e¨w³i AvMg‡bi bvg I wVKvbv ZvwiL I mgq
cÖwZc‡¶i bvg I wVKvbv
cvwievwiK mwnsmZvi Z_¨ weeiYx
cÖ‡qvMKvix Kg©KZ©vi wbKU †cÖi‡Yi ZvwiL
KiYxq c`‡¶‡ci weeiY
`vwqZ¡cÖvß e¨w³i bvg, c`ex I ¯^v¶i
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
dig-P [wewa 8 I AvB‡bi aviv 11 `ªóe¨] Av‡e`b dig weÁ.............................................................................................................................................................................................................................................Av`vjZ cvwievwiK mwnsmZv †gvKÏgv bs........................................................................................................................./201................................... bvg : wcZv/¯^vgx : gvZv : wVKvbv : ............................................................................................Av‡e`bKvix/cÖv_©x ebvg bvg : wcZv/¯^vgx : gvZv : wVKvbv : ....................................................................................cÖwZc¶ (MY) Av‡e`bKvix cÖv_©xi c‡¶ webxZ wb‡e`b GB †h, 1. ms¶zä e¨w³/ms¶zä e¨w³i c‡¶ Z_¨ cÖ`vbKvix/cÖ‡qvMKvix Kg©KZ©v/†mev cÖ`vbKvix cÖwZôvb KZ…©K cvwievwiK mwnsmZv (cÖwZ‡iva I myi¶v) AvBb, 2012 Gi 11 aviv †gvZv‡eK cvwievwiK mwnsmZv m¤úwK©Z we¯—vwiZ Z_¨ weeiYx| 2. cÖw_©Z cÖwZKvi (mwnsmZvi aib Abyhvqx): 3. cÖ‡hvR¨ †¶‡Î AvB‡bi aviv 15, 16 ev 17 G weavb Abyhvqx Ab¨ †Kvb cÖwZKvi: GgZve¯’vax‡b cÖv_©bv GB †h, weÁ Av`vjZ `qv ciek nBqv GB Av‡e`‡b ewY©Z Ae¯’v I KviYvax‡b ewY©Z welq, cvwievwiK mwnsmZv Z_¨ weeiYx I mshy³ KvMRvw` we‡ePbv Kwiqv, D³ Av‡e`‡b `vexK…Z cÖwZKvi cÖ`v‡bi Ges ms¶zä e¨w³‡K cvwievwiK mwnsmZv nB‡Z myi¶vi Av‡`k Ges b¨vq wePv‡ii ¯^v‡_© Av`vj‡Zi g‡Z AvBb I b¨vq †gvZv‡eK Ab¨ †h †Kvb cÖwZKv‡ii Av‡`k cÖ`v‡b gwR© nq| Av‡e`bKvix ¯’vb :.................................................................................................................................. ZvwiL : ................................................................................................................................
mZ¨cvV Dc‡iv³ weeiYx Avgvi Ávb I wek¦vmg‡Z mwVK I mZ¨ Rvwbqv A`¨ ............................................................ wLª÷vã Zvwi‡L Avgvi wb‡qvwRZ AvBbRxexi †m‡i¯—vq ewmqv wbR bvg ¯^v¶i Kwijvg| mZ¨cvVKvix ivóªcwZi Av‡`kµ‡g 73
Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Annexure 5: Newspaper Articles on Domestic Violence (Bangla)
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Annexure 6: Sample Domestic Incident Report (DIR) (Bangla)
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
Annexure 7: Questionnaires used during Stakeholder Interviews KII- Checklist-I (For Enforcement Officer) n
What are your duties and responsibilities in accordance with the DVPPA?
n
Do you have any experience to perform your duties and responsibilities under this Act?
n
How much information of incidents regarding domestic violence you have keep record? What kind of news of violence you receive?
n
What kind of measures you take after receiving news related to violence?
n
Have you perform any duty under this Act being directed from court? What kind of duties and responsibilities you have performed?
n
Do you follow up any case regarding domestic violence individually or with the help of service providing organization?
n
What are the limitations to implement this Act according to your opinion?
n
Do you face any difficulties to perform your duty? What are to be done to remove these difficulties?
n
Have violence reduced after enactment of the Act?
n
Did you participate in any training/workshop/meeting related to DVPPA?
KII- Checklist-II (For Police Officer) n
Do you know what are your duties and responsibilities according to the DVPPA?
n
Do you have any experience to perform duties under this Act? How much complaint regarding domestic violence you have received?
n
What kind of initiative you take after receiving complaint regarding domestic violence?
n
How you cooperate to the Enforcement Officer to find relevant fact?
n
Do you face any problem to perform your duties? How you solve those problems?
n
What is to be done to implement this Act properly?
n
What kind of complaint regarding domestic violence you receive?
n
Did you participate in any training/workshop/meeting related to DVPPA?
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Ending Impunity Monitoring Report for the Implementation of the Domestic Violence (Prevention and Protection) Act 2010
KII- Checklist-III (For Director General of the Department of Women and Children Affairs / Project Director of Multi Sectoral Projects on Violence Against Woman) n
Will the DVPPA play effective role to prevent domestic violence?
n
In your opinion, what are the limitations to implement this Act? What should be done to overcome these limitations?
n
What is the progress to enact rules under this Act?
n
How much aware to know this Act in respect to Enforcement Officer, Police Officer, service Provider Organization, Officer of Shelter Home, Treatment service provider under this Act.
n
How much role have played this Act to reduce domestic violence?
n
What kind of measures you have taken to implement this Act?
n
What should be done to implement this Act properly? What is your future planning to implement this Act?
KII- Checklist-IV (For Responsible Officer of Shelter Home) n
Do you know what is your duties and responsibilities according to the DVPPA?
n
How many days victim is kept at shelter home?
n
If any training is organized for capacity building of victim during staying at shelter home?
n
If there any system of counseling for victim during staying at shelter home?
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