The New Nation - Internet Edition

Md. Abdul alim

I never wanted to look into a mirror again." "Why do people think it is my fault?" "The pain was unbearable, and I wanted to die." "I am afraid to go home because the person who did this to me is still roaming free." "I am only 15, and I want to go back to school." Such are the words of girls and young women who have been victimized with acid.

Acid violence is a particularly vicious and damaging form of violence in Bangladesh where acid is thrown in people's faces. The overwhelming majority of the victims are women, and many of them are below 18 years of age. The victims are attacked for many reasons. In some cases it is because a young girl or women has spurned the sexual advances of a male or either she or her parents have rejected a proposal of marriage. Recently, however, there have been acid attacks on children, older women and also men. These attacks are often the result of family and land dispute, dowry demands or a desire for revenge.

While acid violence is treated here as a specific, isolatable human rights violation, it is part of a broader type of brutality and cruelty prevalent beyond Bangladesh. Despite the growing number of male victims, the majority of acid violence and certainly its historical roots are seen as a component of a broader phenomenon of gender violence. The attitude of the male-dominating society towards women has to be changed first to put a stop to acid pouring.

What makes a man so vindictive though that he must throw acid on a person in order to seek revenge? Are there any socio-cultural factors that affect the male members of society to such an extreme that acid violence is the only way in which to resolve a dispute? Why is it that in a group of friends only one will think of throwing acid? Although there is no concrete evidence as to what compels a person to throw acid, if we look at the tool used, we see that it is comparatively cheaper than a knife or gun, it can be thrown from a distance - thus avoiding proximity and giving the perpetrator time to flee the scene - and the result is painfully permanent. The perpetrators are primarily unemployed, frustrated youth whose idle minds, due to a lack of recreational facilities in rural Bangladesh, sometimes become the "devil's workshop." If such a youth is rejected by a young woman, this refusal might be construed as an insult to his masculinity, and this moment is when acid may seem to be the most effective means to make the girl remember her "mistake." The fact that the perpetrator has the time to buy the acid and make a plan on how to administer it shows the cold-blooded nature of the crime.

Unfortunately, acid is readily available as it is openly sold in chemist and homeopathy shops and local medicine dispensaries and can be found in goldsmith workshops and shops selling and repairing car batteries. It is also openly sold near tannery factories. Despite the law, there are no regulatory checks on the trade in acid and other corrosive substances, and those selling the liquid ask no questions. There is even allegedly a good trade in cross-border smuggling in acid, which may contribute to the high rate of acid violence in the border districts.

The president of Bangladesh approved the Acid Crime Control Act of 2002 and the Acid Crime Control Act of 2002 on March 17 of that year. The laws were promulgated to meet the demands that acid crimes be controlled and perpetrators receive swift punishment and that the trade in acid and other corrosive substances be regulated by legal checks and balances to prevent their easy accessibility.

According to the Acid Crime Control Act, acid crimes are rigorously controlled by mandating stringent punishment ranging from between three years and 15 years and a hefty fine to life imprisonment and even capital punishment. The variations of punishment depend on the gravity of the crime. For example, if the victim dies due to the crime or totally or partially loses their sight or hearing or both or "suffers disfigurement or deformation of face, chest or reproductive organs," the punishment is the death penalty or life imprisonment.

Interestingly enough, the act provides that if the Acid Crime Control Tribunal feels that the investigating officer has lapsed in his duty in order to "save someone from the liability of the crime and did not collect or examine usable evidence" or avoided an important witness, etc., the former can report to the superior of the investigating officer the latter's negligence and may also take legal action against him.

Many of the above findings are applicable to other sectors where the inability or unwillingness to implement the law causes serious damage in matters pertaining to violence against women, such as rape and dowry-related violence. Why then are steps not being taken to rectify the matter? Issues of violence against women still remain in a medieval-like era in the country. NGOs are creating awareness against acid violence and the social and legal repercussions it has. The government is now legally bound to act under the 2002 Acid Laws. A great deal of power has been given to the National Acid Control Council, and it must boost its activities and not wait for NGOs to prompt it into action. Until these measures bear more visible results, the people of Bangladesh, and especially its women, will continue to suffer from acid violence.

Snigdha Madhuri

Jerin Rahman, a pretty but meek schoolgirl, is full of dreams. Why not? After all she is a good student. Her mother wants to achieve through her what she could not do in her student life. But one day, some local goons shattered all of their dreams.

The wayward youths who had long been teasing Jerin (not her real name) picked up her on her way to school and gang-raped her in an abandoned house of Mohammadpur area barely six months ago.

Upset, Jerin's parents filed a case with a Women and Children Repression Prevention special court seeking justice only to see they are awaiting another humiliation.

During the trial, the defence lawyer asked Jerin a volley of insensitive questions what she found indecent. In a crowded court, the lawyer asked the distressed girl to describe how she was raped.

At one stage of the trial, Jerin became mentally ill and attempted to commit suicide.

Jerin, who was a student of class IX when the worst thing happened to her, never visited her school since then.

Another girl, Hasna Banu (name changed to protect privacy) from Manikganj fell victim to a rapist, Rahim Miah, a few months back. Hasna Banu filed a case against Rahim, seeking justice.

During the trial, the teenager became mentally ill and began considering herself guilty of the rape.

"I've been harmed physically, socially due to the rape. But the way the defence counsel asked me obscene questions it was more harmful and disgraceful for me. Now I rather wish to die. It's a sin to be born as a girl," Hasna says.

Undoubtedly, rape is the most terrible thing for a woman.

Due to rape, a woman is harmed not only physically and socially, but also mentally as the victim is haunted by trauma. Her bahaviour changes and she starts hating herself and distrusting others.

Ishrat Jahan Bithi, a psychologist of Bangladesh Rehabilitation Centre for Trauma Victims, says, "After being raped, a woman develops a number of psychological problems along with physical problems. She loses her confidence all together.

She is embarrassed when she is asked filthy questions in court. In such a situation, a victim may even try to commit suicide."

Kaniz Fatema, programme officer of human rights organisation Odhikar, says, "It's a legal process that in a rape case the defence lawyer will question the victim. But, in court such indecent questions and gestures are asked and made in presence of many, which mentally devastate a victim. In many cases, many victims withdraw their cases to avoid this type of unwarranted situation."

In the Women and Children Repression Prevention Act, 2003, a section, 'Trial in camera', has been included so that during cross-examination the victim does not face inhuman and uneasy situation.

Under this section, the victim is supposed to be questioned in a closed room in presence of only the judge and the lawyers from both sides. And the victim's statement is recorded and heard again, if necessary.

Section 20(6) relating to the trial process of the Women and Children Repression Prevention Act, 2003 states that the trial proceedings of the crime can take place in a closed room under section 9 of the law.

"But the trial in camera section is hardly practiced," says Farida Yasmin, deputy director (Law) of Bangladesh Legal Aid and Services Trust (BLAST) and a Supreme Court lawyer.

She says, "The questions defence lawyers ask the victims are very shameful, disgraceful, humiliating and objectionable.

In most cases, defence counsels intentionally ask obscene questions to get some sort of pleasure.

They also try to prove the victims as characterless by diverting the cases to other directions. Since the cross-examinations take place in front of many people, victims feel humiliated and get demoralised. Some victims even commit suicide."

She says, "In court, efforts are made by the defence lawyer to find the sexual history of the complainant. To win the case, the defence lawyer asks irrelevant questions one after another.

The raped woman is asked how many males raped her, how much of the penis entered, if she tried to resist at that time and if she got any pleasure. This is how the woman is re-raped by the court."

Lawyer Salma Jabin, coordinator of the litigation unit of Ain o Shalish Kendra, says till now there has been no enforcement of the 'trial in camera' section. She emphasises the amendment of the law for imposing some restrictions on questioning in court.

Bangladesh Mohila Parishad general secretary Ayesha Khanam says, "In court, lawyers torture women time and time again with their filthy words.

This type of harassment in the trial proceedings is the reflection of gender insensitiveness and perversion of all concerned. Everyone must change this mentality."

From the psychological perspective, the questioning of victims in court about rape is very damaging and inhuman, says Dr Mahmudur Rahman, chairman of Dhaka University's psychology department.

"A victim never has the mental strength to speak up standing in courts. This process of questioning in courts of our country is inhuman."

Eminent lawyer Anisur Rahman, also a teacher of Stamford University in Dhaka, says, "If the court atmosphere is not friendly, the victim will be in an uncomfortable situation in describing the incident.

Restrictions should be imposed on cross-examinations by lawyers by amending the rape-related laws."

He says, "In court, defence lawyers ask such questions, which are irrelevant in many cases.

The lawyers try to make the whole environment juicy to be relished by perverted people and that is unfortunate."

Anisur Rahman lays emphasis on change of mentality of the lawyers, having separate courts for trying rape cases, full enforcement of the 'trial in camera' section, imposing some restrictions on questioning and appointment of female public prosecutors and assistant public prosecutors to conduct rape cases.

Rehana Sultana, a lawyer of Bangladesh Mohila Ainjibi Parishad, says under the Witness Act of 1872, a lawyer has the right to ask any question to prove any incident.

But, a lawyer should not cross the limit of decency by asking obscene and irrelevant questions. 'Trial in camera' section is not enforced due mainly to lack of clear idea about human rights law among lawyers.

About enforcement of the 'trial in camera', she says, "The judges and lawyers must have a clear idea about law and the lawyers for victims should apply to court for having 'trial in camera'.