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| Mahmudul Hasan |
She hides. He trembles. A child
walks home with fear in her eyes. A mother quietly cries behind locked doors.
Every day, countless women and children in Bangladesh suffer in silence,
ignored by the very systems meant to protect them. Sir William Blackstone once
said, “It is better that ten guilty persons escape than one innocent suffer.”
But what happens when the innocent continues to suffer while the guilty walk
free? The 2025 Amendment to the Women and Children Repression Prevention Act
steps into this void. Punishing offenders, shielding victims, and guarding
against misuse.
“No child should tremble. No woman
should hide in fear.” The 2025 Amendment to the Women and Children Repression
Prevention Act transforms this principle into law, signaling a historic
commitment to protect Bangladesh’s most vulnerable. Section 2 expands abuse
definitions to include physical, mental, emotional, and digital violence,
leaving no gap for offenders. Section 4 imposes strict punishments, holding
perpetrators fully accountable and making clear that such crimes will not be
tolerated. Section 9 focuses on the victims, ensuring their safety, access to
legal aid, and expedited justice, so that survivors are heard, protected, and
empowered. Together, these sections weave compassion with firmness, sending a
resounding message: women and children deserve protection, dignity, and
justice, and the state stands unwaveringly with them. This amendment sharpens
the teeth of justice by making punishments not just harsher but highly
specific. Section 11 goes further, extending the law’s arm over dowry-related
cruelty, domestic abuse, and other hidden forms of oppression that once thrived
in silence. And Section 20 ties it all together, ensuring that every crime
under the Act is comprehensively covered with clear, unavoidable consequences.
The 2025 Amendment doesn’t just punish offenders. It strengthens safety nets
for victims. Through Section 31, the law ensures enhanced protection,
rehabilitation, and security measures so that survivors are not left vulnerable
after seeking justice. These provisions ensure that victims receive
comprehensive support, including legal, social, and institutional assistance,
ranging from shelter and counseling to witness protection, thereby ensuring
that their voices are not silenced by fear or social pressure. By embedding
protection into the legal framework, the amendment recognizes that justice is
incomplete without safeguarding the dignity and future of the victim. This
amendment further strengthens the justice process by making it victim-friendly
through provisions for. Free and rapid medical examination and DNA testing
under Section 32(b), ensuring that survivors of violence no longer face
financial or procedural hurdles in proving their case. This not only
accelerates investigations and trials but also enhances the accuracy of evidence,
closing loopholes that once allowed offenders to escape punishment. By
prioritizing speed, accessibility, and scientific reliability, the law places
the victim’s safety, dignity, and protection at the center of the legal
process. Section 21 of this amendment ensures that justice cannot wait. Rape,
child abuse, and sexual exploitation will now face speedy trials, even if the
accused flees. Backed by strict punishments and full victim protection.
Including free medical and DNA tests, the law delivers swift, certain justice
while safeguarding those who need it most. This Amendment demonstrates a
gender-sensitive approach in its language and framing. In section 22, instead
of using terms like “victim” or “victimized woman,” it employs neutral and
inclusive terms such as “person subjected to abuse”, emphasizing respect,
dignity, and agency. This careful choice of words reflects a modern,
survivor-centered perspective, ensuring that the law addresses abuse without
reinforcing stigma or stereotypes, and underscores the Amendment’s commitment
to fairness, sensitivity, and empowerment. This amendment leverages modern
technology to make justice more accessible and efficient. Section 24 empowers
Tribunals to record online testimony, accept electronic evidence, and conduct
remote hearings, ensuring that persons subjected to abuse can participate
safely and conveniently. By integrating technology, the law not only protects
survivors but also accelerates trials, reduces logistical barriers, and
strengthens the overall efficiency and responsiveness of the justice system.
The 2025 Amendment strikes a delicate balance between strict punishment and
comprehensive protection. Under Sections 9(b), 11, 20, 31, and 32(b), offenders
face harsh and specific penalties, while persons subjected to abuse are
provided with full support, including protective custody, free medical and DNA
testing, and rehabilitation services. This ensures that justice is swift,
certain, and survivor-centered, sending a clear message that crimes against women
and children will meet uncompromising legal consequences while survivors are
fully safeguarded and empowered. This combination discourages potential
offenders while building public confidence in the justice system, sending a
strong societal message that crimes against women and children will be met with
swift consequences and that survivors will receive full protection and support.
A notable limitation of the 2025
Amendment lies in Sections 32 and 25(a), which rely on normal police officers
to handle all cases instead of establishing a specialized litigation body.
While Tribunals ensure trials are survivor-centered and efficient, the absence
of dedicated investigative units may compromise the quality, sensitivity, and
speed of initial investigations, potentially putting undue pressure on regular
police personnel and affecting victims’ confidence in the process. A critical
concern with Section 9(b) is its excessive punishment for relationships formed
through deception with the promise of marriage. While morally wrong, such cases
involve consensual sexual activity, and categorizing them as rape dilutes the
gravity of actual rape cases, potentially allowing real offenders to escape
justice. The law also creates gender bias, as it places responsibility solely
on men and does not address situations where women break promises, disrupting
the balance of justice. To maintain the true definition and seriousness of
rape, such acts should instead be treated under fraud, with fair punishments
for both genders, ensuring equality, discouraging false allegations, and
upholding the integrity of the judicial system. While Section 17 strengthens
tribunal efficiency and speedy trials, a notable weakness is the relatively low
punishment (2 years) for filing false complaints. The law allows for some
compensation to the accused, but the penalties may not be sufficient to deter
malicious or frivolous claims, potentially burdening the justice system and
causing undue harm to innocent individuals. A stricter framework could ensure
that false allegations are adequately penalized, maintaining a balance between
protecting genuine victims and safeguarding the rights of the accused. Although
Section 31 enhances victim protection and custody, the Amendment does not
provide for mental health support or psychological counseling for survivors.
Survivors of sexual violence often face trauma, anxiety, and long-term psychological
effects, and the absence of structured mental health services leaves a critical
gap in comprehensive care, undermining the law’s goal of full recovery and
rehabilitation. Incorporating professional counseling and ongoing psychological
support would strengthen the victim-centered approach of the Amendment.
The 2025 Amendment to the Women and
Children Oppression Suppression Act is a bold step forward, yet its promise is
only partially realized. By increasing punishments for sexual assault,
dowry-related crimes, and organized abuse, and by enhancing victim protection,
speeding up trials, and incorporating modern technology, the law sets a strong
foundation. Yet, critical flaws remain: Section 9(b) risks equating morally
wrong deception with rape, false complaints are insufficiently penalized,
mental health support for survivors is absent, and sensitive cases rely heavily
on ordinary police instead of specialized investigation bodies. These gaps risk
undermining both justice and public confidence. To truly achieve fairness, the
Amendment must clearly distinguish rape from fraud, ensure gender-neutral
accountability, and impose stricter penalties for malicious complaints.