The law has been amended to speed up the rape case after the rape and murder of Magura. The interim government published the Gazette on March 25 by amending the Women and Child Abuse Act. Under the amended law, the deadline for rape is reduced to 5 working days. It is stated that the tribunal will be able to complete the trial based on medical certificates and surroundings if the tribunal is suitable for rape case. In this case, the DNA examination of the accused and crime victim was mandatory in the previous law.
The physical relationship of mutual consent in the revised law was not defined as rape. However, in this case, only seven years of punishment for men and the punishment of the false case have been reduced to two years. Controversy over these amendments to the law has arisen. The matter has already been filed in the High Court challenging the matter. Lawyers say that there are many opportunities for men to harass men in this law. Because in these cases, the identity of the plaintiff is not revealed, but the identity of the accused is expressed in various ways.
Section 4 of the amended Act states, “If a person has sex with a woman over the age of sixteen, if a person has the temptation of the marriage without the application of physical force and if the woman has a confident relationship with the incident, then the person will be punished for more than seven years and punishment.”
Asked about the former secretary of the Supreme Court Lawyers Association, Barrister Ruhul Kuddus Kajal told Today's newspaper, “The purpose of this Act is to provide special protection to women and children. Women are now far ahead. Women are working equally in all cases. Therefore, women are being underestimated, but rather by special laws to protect them behind. Therefore, it is my position for women not to keep such special laws for women by law for the safety of children. '
Ishrat Hassan, a lawyer working on women and children's rights, made almost the same comment. He told today's magazine that on the basis of consent, adult men and women have 'Contributory Participation' about the physical. Punishing one side here is against justice. In many cases women also break love or relationships. In that case, his former cannot sue the woman in the same way.
In the Hanif Sheikh vs Achia Begum case, the High Court said in his verdict in the case that if a man had sex with a marriage temptation for more than 5 years, it would not be considered rape. Which is mentioned in 4 DLR (Dhaka Law Report). And in the Sohail Rana vs. state case, the High Court said that if the Victim does not interrupt or tries to interrupt or give any shout during sex, it cannot be thought to have been raped. In these cases, it is important to assume that Victim has the consent of sex. The subject is mentioned in 3DLRs.
Supreme Court lawyer Shihab Uddin Khan said that the promise of marriage could be a crime for not promising after physical relations. The Penal Code is in the trial of the crime of fraud. Therefore, it is advisable that the crime of cheating is not separate in the Prevention of Women and Child Abuse Act. Because he believes there is a lot of abuse and abuse of this provision.
At the Banani Reentry Hotel in the capital, two university students were allegedly raped at the birthday on March 27. The case was filed 7 days after the incident. After a long hearing, the court ruled on November 7, 2021. So that all those accused are released. At that time, the court advised the medical examination and case within 12 hours in connection with the rape.
India's Orissa High Court said in 2021 that sexual relations with consent with the promise of marriage are not rape. In view of this, the Odisha High Court dismissed the rape case against a man from Bhubaneswar. And if anyone disagrees to marry even after a long physical relationship, the Allahabad High Court has observed that it will not be considered a rape.
Earlier, if a woman voluntarily got involved with the male and later that relationship broke, the woman could not complain of rape, the Indian Supreme Court said. A bench of Justice Hemant Gupta and Vikram Nath mentioned this in July 2022.
Article 5 of the Article 5 of the Amendment Women and Child Abuse Act was filed on April 7. Ishrat Hassan, a lawyer for the petitioners, said that after the breakdown of the relationship, one can abuse the law by retaliating. Some may try to achieve the suit in such a section. As a result, the number of cases is increasing; Even the case can be done. So, if there is a crime, both will be. The passing of the law by providing for men to punish only men is against the constitution and justice. He also said that it was not expedient to reduce the punishment of false cases for two years.
