What are we doing to protect women?

[FaHiMa]

Originally Posted by Zunaid
Bangladesh law does not appear to define nor criminalize spousal rape. Is my reading correct?

Do the Shaari'a Laws have anything to do with it?

[Zeeshan]

Understood re: previous point. And you also bring up a good point Fahima re: mental illness. I would be interested to see a general correlation between the disease and crimes but there have been far too many cases where the perpetrator was sane just morally obnoxious.

And that's the important fact. Building a community of conscious, moral citizens will automatically create a better atmosphere with harsh consequences imposed for the crime.

[Zunaid]

Originally Posted by FaHiMa
Do the Shaari'a Laws have anything to do with it?

Not really. Bangladesh law is derived originally from English criminal laws - but the paths bifurcated from the 40s. It is ostensibly still secular but under certain scenarios sectarian laws come into play (for example for inheritance etc). Navo - care to expound or expand?

[zinatf]

Navo even the Indian Judiciary system does not recognise spousal rape.

[Zunaid]

Originally Posted by zinatf
Navo even the Indian Judiciary system does not recognise spousal rape.

Their and our legal jurisprudence has the same antecedents and like us has not been much enlightened.

[al Furqaan]

Originally Posted by Zunaid
Bangladesh law does not appear to define nor criminalize spousal rape. Is my reading correct?

Most US jurisdictions didn't recognize spousal rape until quite recently...probably after our Constitution was written. Yeah according to wiki most western countries criminalized marital rape in 1980s.

But did you notice that it says a man can be punished for raping his wife, although just before it says a man can't possibly rape his wife? What a contradiction!

[Navo]

Originally Posted by Zunaid
Bangladesh law does not appear to define nor criminalize spousal rape. Is my reading correct?

Yes, there is no distinction drawn between 'spousal rape' and 'rape' in terms of the act, therefore the two terms can be read together and as such penetration is sufficient to fulfill the intercourse requirement for both. On the other hand, there is a distinction between the two terms with regard to age, whereby intercourse between two people is criminalized if the woman (read: girl) is less than 14 UNLESS she is his wife, where it's criminalized if she is less than 13. My reading of the Penal Code is that if the wife is between the age of 12-13, then the rape is criminalized but the rapist gets a less severe sentence (up to 2 years; fine) and if she is less than 12, then he gets the full sentence (up to life imprisonment; more severe fine).

Also, I don't know if you looked at the second Act that I linked above, but the Prevention of Oppression Act says that the death penalty can be levied against rapists if their rape leads to death.

Anyway, I think you may find this timely article by a senior friend of mine to be quite illuminating. He has done much more work in this area of criminal law than I have: http://www.thedailystar.net/forum/20...uary/delhi.htm

[Navo]

Originally Posted by Zunaid
Their and our legal jurisprudence has the same antecedents and like us has not been much enlightened.

That's true to an extent. They have some very outdated laws on sedition for example. On the other hand, Indian courts did overturn section 377 of the Indian Penal Code on "sexual activity against the order of nature" by saying that every citizen has equal opportunity of life under the Indian Constitution.

The judgment ends with quite the rhetorical flourish:

"If there is one constitutional tenet that can be said to be the underlying theme of the Indian Constitution, it is that of 'inclusiveness'. This Court believes that the Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations. The inclusiveness that Indian society traditionally displayed, literally in every aspect of life, is manifest in recognising a role in society for everyone. Those perceived by the majority as "deviants' or 'different' are not on that score excluded or ostracised.

Where society can display inclusiveness and understanding, such persons can be assured of a life of dignity and non-discrimination. This was the 'spirit behind the Resolution' of which Nehru spoke so passionately. In our view, Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconceptions of who the LGBTs are. It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual."

Not sure how much this 'inclusiveness' (going beyond just LGBT rights) is always practiced, but at least there are senior members of the judiciary and the legislature who believe in it.

[BengaliPagol]

Heard lots of women in India are taking self defence classes. I think thats probably the best way to go. Sick vultures will always be there. Cant see a solution to this problem other then the fact that this issue should be discussed more.

[Maysun]

Originally Posted by BengaliPagol
Heard lots of women in India are taking self defence classes. I think thats probably the best way to go. Sick vultures will always be there. Cant see a solution to this problem other then the fact that this issue should be discussed more.

Not everyone has the time and resource to learn self defense but it is a solution if you look at it.

And definitely, more awareness should be created through various media outlets like the AIDS awareness campaign in Bangladesh. It should be taken seriously and not be shunned.

[BengaliPagol]

Originally Posted by maysun
Not everyone has the time and resource to learn self defense but it is a solution if you look at it.

And definitely, more awareness should be created through various media outlets like the AIDS awareness campaign in Bangladesh. It should be taken seriously and not be shunned.

i think it will be hard to eradicate rape from society but we have to look at ways to prevent that. The more campaigns that run for this issue the better people will understand this issue. It is dissapointing to see after the Delhi rape incident occured, alot of these similar stories have come out implying that these incidents happened ALOT but went unreported.

[Zeeshan]

Self-defense MAY mean a simple thing as carrying a peppery spray in your vanity bag. Not sure if they are available in BD.