The Rights of Women in the Criminal Justice System of Bangladesh

Abstract

This research looks at how the criminal justice system (CJS) of Bangladesh has responded to protect women's rights. It focuses on the weaknesses of legal framework, structural difficulties and role of the different entities of CJS of Bangladesh. There are many factors in the CJS, such as, the loopholes and ineffectiveness of laws, women's inability to access legal proceedings, the insensitivity and traditional negative views about women's. rights, the expensive and time consuming judicial process, the lack of efficient judiciary, difficulties at the jail custody, corruption of different entities and other socio economic reasons which hinder women's access to justice. The study has been divided into 7 chapters and each of the chapters has further been divided into sections and sub-sections. Chapter One is the introductory part of the research. It makes a general discussion in respect of the study for introducing the problem. This chapter outlines the aims and methods of the study. It discusses the scope and limits of the study, the objectives of the study, the research methodology and the review of literature. Chapter Two discusses the general and special laws relating to the criminal justice system of Bangladesh and finds out the loopholes of these laws, which are the root factors of violation of the women rights in Bangladesh. Chapter Three explores the functions and role of the criminal justice system in case of protecting women rights. It is an attempt to focus the structural difficulties and the weaknesses of criminal justice framework in Bangladesh and highlights different obstacles of women's access to criminal justice. Chapter Four attempts to place the various incidents of violence, injustice and discrimination against women within the framework of criminal justice system, and causes and trends of such violation. It also examines the role of different entities of criminal justice system of Bangladesh e.g. police, doctors, advocates, judges in violating women rights. Chapter Five deals with the rights that accrue to the accused women while she is being subjected to investigation, questioning, search and seizure. It also discusses the right to a fair trial and rights of women prisoners. This chapter highlights the rights available to the accused at the under-trial stage and also discusses the prisoners' rights including the jail situation. Chapter Six is based on face-to­face interviews with the victims, accused, lawyers, doctors, judicial officers and police officers. This chapter attempts to elucidate the violation of the rights of women and show the weaknesses of the components of the criminal justice system. It also focuses on the position of women victims and women accused and identifies the practical role of existing laws, police, judges, lawyers and, doctors in case of protecting or violating women rights. Chapter Seven presents a general conclusion and recommendations in the light of findings. The recommendations are made to update the existing laws and existing criminal justice system to provide due and just relief to those women who are aggrieved under the criminal justics system of Bangladesh.