The Plight of Law in Bangladesh

For the past few days, I have been working on secondary data on Violence (Bangladesh Perspective). The most worrying thing here is the issue of sexual harassment of children. There were some statistics that seemed very unusual to me. It is even more shameful for the legal system of our country.

Recent statistics (2025)

• From January to March 16, 2025: According to media and human rights organizations, about 50 cases of child rape were recorded during this period. (UNICEF)

• In the first two months of 2025: 294 women and children were subjected to torture. Of these, 96 were raped, including 44 children. (The Daily Ittefaq)

• From 2018 to 2022: There were 27,479 rape cases across the country, including 572 cases of child rape. (Dhaka Mail)

Long-term statistics

• From 2018 to 2025: According to statistics from the human rights organization Ain O Salish Kendra (ASK), 3,438 children were raped in Bangladesh in the last eight years. (The Daily Ittefaq+3Jagonews24+3alfirdaws.org+3)

Pictures of the judicial process

• Pending cases: As of December 31, 2024, the number of cases pending in the Women and Children Abuse Prevention Tribunal is 1,31,134. Of these, 15,213 cases are pending in Dhaka, 7,794 in Chittagong and 6,695 in Gazipur.

• The number of defendants convicted in women and children abuse cases in Dhaka metropolis in the last five years is only 24. (Dhaka Mail)

Conviction rate: Only 5% of cases are convicted in the Women and Child Abuse Prevention Tribunal. (Prothomalo)

There are multiple complex and deep obstacles behind the failure to prosecute or obstruct the trial process of child rape and child sexual harassment in Bangladesh:

1. Social shame and prejudice

• Many parents do not want to file a case for fear of losing 'respect' in the society.

• Families often want to 'smash' the matter, thinking about the future of the victim child.

⚫ 2. Legal complications and protracted proceedings

• Thousands of cases are pending in the Women and Child Abuse Prevention Tribunal.

• Testimony, investigation reports, medical reports are submitted late, resulting in delayed trial.

• It often takes 5-10 years or more to settle a case.

🔴 3. Weakness of the police and investigation system

• In many cases, the police are slow to accept complaints.

• Many important evidence is lost due to improper investigation.

• Police may be biased if the accused have connections with local influential people.

⚫ 4. Settlement due to financial and social pressure

• Many families cannot continue the legal battle due to lack of money.

• The accused force a “settlement” by threatening or exchanging money.

🔴 5. Lack of witnesses and evidence crisis

• Many times, no eyewitnesses are available.

• Delays in forensic or medical examinations destroy necessary evidence.

⚫ 6. Ambiguity of the law for boys

• The Prevention of Violence against Women and Children Act does not clearly mention the issue of sexual violence against boys, as a result of which they are often left out of the judicial process.

🔴 7. Lack of proper monitoring and supervision

• Most tribunals do not have sufficient manpower to supervise the cases.

• There are no lawyers and judges specially trained in dealing with children.

Bangladesh has several laws related to child rape and child sexual harassment, which are designed to ensure the protection of children. The main laws applicable to these issues are outlined below:

1. Women and Children Repression Prevention Act, 2000 (Amended 2003)

This Act is the most effective law against child rape, sexual abuse, and physical abuse.

• Section 9: Punishment for rape (death penalty or life imprisonment in the case of a child)

• Section 10: Punishment for sexual abuse (3 to 10 years imprisonment)

• Section 11: Punishment for indecent behavior, sexual harassment, and insult towards children and women

✅ 2. Penal Code, 1860

• Section 375: Definition of rape

• Section 376: Punishment for rape

• Sections 292 and 293: Showing obscene publications or videos to children

• Section 354: Assault with intent to outrage the modesty of a woman

✅ 3. Children Act, 2013

This Act provides a modern and comprehensive framework for the protection of children.

• Sections 73-78: Measures against violence or physical/sexual abuse against children

• Ensuring child-friendly courts and judicial process

✅ 4. Digital Security Act, 2018

• Used for online sexual harassment against children, spreading secret videos/photos, etc.

• Sections 24 and 25: Defamation and propaganda

• Sections 29 and 31: Punishment for pornography, cyberbullying and sexual harassment

✅ 5. Prevention and Suppression of Human Trafficking Act, 2012

• Trafficking of children for the purpose of sexual exploitation also falls under this act.

✅ 6. Pornography Control Act, 2012

• Making, storing, serving, distributing or viewing child pornography is prohibited and punishable offense.

✅ 7. Bangladesh Labor Act, 2006

• Provides protection in the workplace against sexual harassment and abuse of children.

Although there are many laws, they are not effectively used. If we look at the statistics, we can understand that the main reason for not being tried or cases being pending is the poor state of the legal system, the main reason is this.

And there is no law directly related to child rape and child sexual harassment. (For example: POCSO Act)

Bangladesh does not have a direct equivalent to India's Protection of Children from Sexual Offences (POCSO) Act, which is a comprehensive law specifically addressing child sexual abuse. However, several Bangladeshi laws collectively aim to protect children from sexual offences and abuse.

What is POCSO Act?

POCSO Act or Protection of Children from Sexual Offences Act, 2012 (Protection of Children from Sexual Offences Act 2012) is a special law that has been enacted to prevent sexual abuse, rape and sexual harassment against children. (Law enacted in India, not applicable in Bangladesh)

The main objectives of POCSO Act:

1. Prevent sexual abuse of children.

2. Take strict action against incidents of rape and sexual harassment.

3. Ensure the safety of children and make the judiciary fast and effective to protect their rights.

 Key features of POCSO Act:

 Definition of children:

 In this act, any person below the age of 18 is considered a child.

 Definition of sexual offences against children:

 All types of crimes such as rape, sexual assault, sexual harassment, publishing pictures or videos of children, forcing a child to perform sexual acts, etc. fall under the POCSO Act.

 Punishment:

 Rape: Rape of a child can be punished with death or life imprisonment.

 Sexual assault: Imprisonment of 3 to 5 years, which can be extended to 7 years.

 Sexual harassment: Imprisonment of 3-5 years.

 Obscene pictures or videos: Imprisonment of up to 10 years.

 Special Children's Courts:

Under this act, cases related to children are tried quickly and specifically. Children's courts have been formed where the trial process is conducted in a convenient and safe environment for children.

 Psychological support for children:

 Psychological support and rehabilitation are ensured after a child is sexually abused.

 Speedy action against the perpetrator:

 This law has taken measures to ensure speedy investigation and trial of cases of sexual abuse against children.

Objectives of POCSO Act:

• To ensure the safety and security of children.

• To enact strong and effective laws against sexual abuse and rape against children.

• To take effective action quickly in the judicial system.

Why is the POCSO Act needed?

The POCSO (Prevention of Children from Sexual Offences) Act has not yet been introduced in Bangladesh, but it could have been a very important law. The need for this law is for several reasons:

1. Prevention of sexual abuse of children: If the POCSO Act is introduced, it will be possible to prevent sexual abuse, rape, oppression and sexual harassment against children. Children need special protection, because they are physically and mentally weak and can be victims of sexual abuse.

2. Child-friendly justice system: This law prescribes a specific justice process for children, which reduces the risk of their physical and mental harm. This helps reduce the pressure on children as witnesses in court.

3. Increasing public awareness on the issue: Introducing a special law will increase public awareness on sexual abuse of children and create a sense of security among people.

4. Ensuring punishment of offenders: The POCSO Act will help ensure speedy punishment of offenders, so that they do not repeat the crime and crime in the society will decrease.

5. International Convention on the Protection of Children: Many international organizations such as the United Nations, the Children's Organization, are proposing that every country should introduce such laws to ensure the protection of children.