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Ensuring Justice towards Victims of Sexual and Domestic Violence through Judicial Activism

- Ensuring Justice towards Victims of Sexual and Domestic Violence through Judicial Activism -

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Ensuring Justice towards Victims of Sexual and Domestic Violence through Judicial Activism

Md. Tajul Islam
District and Session Judge, Bangladesh Judicial Service,


Publish Date: September 10, 2023

DOI: #

Issue: 13

Page Number: 242-253

PDF: View PDF


Abstract

Sexual and domestic violence is not new in Bangladesh and there are different laws for checking this type of problem. But the provisions of those laws (Women and Child repression and Prevention Act, 2000 and Dowry Prohibition Act, 2018) are not sufficient for checking modern-day violence. Laws are available, but domestic and sexual violence victims hardly file formal cases due to fear of further humiliation as the trial environment is not victim-friendly. To improve this situation, different writ petitions (Writ Petition No 7758 of 2020, Writ Petition No. 5916 of 2008) have been filed that may be good examples of Judicial Activism, but those cannot check the situation appropriately. Due to the lengthy process (commonly years) of concluding a writ petition and the government’s reluctance to implement the court’s directives, the situation remains unchanged over the decades. Thus, this present study has provided insightful information about the causes and the impacts of sexual and domestic violation and its solution for ensuring justice through judicial activism to the victims not only in Bangladesh but all over the world.

← Previous: Bangladesh’s Response to Custodial Torture: A Critical Overview
Next: Unravelling Defamation: From British India to Present-Day Bangladesh and the Need for Decriminalisation →

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