In response to the recent alarming rise in rape cases, the interim government of Bangladesh has introduced a sweeping legal reform—banning bail in all rape cases and mandating trials to conclude within 90 days. Additionally, investigation reports must be submitted within 15 days. While this bold move aims to strengthen justice, it also raises critical concerns about fairness, human rights, and the effectiveness of the judicial system.
A Necessary Step to Deter Crime
Rape is a heinous crime, and a weak judicial process allows offenders to act with impunity. A stringent legal framework ensures justice for survivors and instills fear among perpetrators. Eliminating bail could serve as a strong deterrent, preventing criminals from manipulating legal loopholes to evade punishment.
The Risk of False Allegations
While the intention is commendable, what happens when an innocent person is falsely accused? The reality of false allegations—whether due to personal vengeance, political rivalry, or misunderstandings—cannot be ignored. If bail is entirely eliminated, an innocent person could remain incarcerated for months before proving their innocence, violating fundamental human rights. Legal safeguards must be in place to prevent such injustices.
Challenges in Implementation
The directive to complete investigations within 15 days is ambitious but impractical given the current state of law enforcement. Investigative agencies are already overburdened, with frequent delays, lack of forensic expertise, and political interference hampering efficiency. Without improving investigative capacity, rushed reports could compromise the quality of justice.
Similarly, the judicial system is ill-equipped to handle expedited trials. The limited number of Women and Child Repression Prevention Tribunals is already overwhelmed. Without establishing more courts and appointing additional judges, enforcing a 90-day trial deadline could be unrealistic, leading to rushed verdicts or prolonged case backlogs.
Balancing Justice and Human Rights
Another concerning aspect is the reliance on medical certificates as primary evidence. While medical documentation is crucial, what happens if a survivor delays reporting due to trauma? Will their case be dismissed due to a lack of immediate medical proof? This rigidity could create new barriers to justice for survivors while failing to protect the falsely accused.
The government’s commitment to preventing sexual violence is laudable, but legal reforms must align with human rights and due process. Instead of a blanket bail ban, a system of conditional bail—based on case merit—could strike a balance between justice and individual rights. Furthermore, enhancing investigative training, increasing judicial resources, and ensuring accountability within the legal system are essential for meaningful reform.
A strict legal framework is necessary to combat sexual violence, but justice should never come at the cost of fairness. For this law to succeed, efficiency, transparency, and judicial capacity must be strengthened. Otherwise, the move could create more challenges than solutions.
Author: Bangladeshi Human Rights Lawyer, Laureate of the French Government’s Marianne Initiative for Human Rights Defenders 2023, and Founding President of JusticeMakers Bangladesh in France (JMBF). Website: www.jmbf.org, Email: shahanur.islam@jmbf.org
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JMBF is an independent non-profit, nonpartisan human rights organization registered in France with registration number W931027714 under the association law of 1901, dedicated to defending human rights, fighting for justice, and empowering communities in Bangladesh and beyond.
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