ZCZC
BSS-24
CABINET-LAW-RAPE-DEATH -LEAD
Cabinet clears draft law prescribing death for rape
DHAKA, Oct 12, 2020 (BSS) – The cabinet today approved the draft of the “The Women and Children Repression Prevention (Amendment) Ordinance- 2020” prescribing death as capital punishment for rape.
“The cabinet unanimously gave its nod in its regular weekly meeting with Prime Minister Sheikh Hasina in the chair to “The Women and Children Repression Prevention (Amendment) Ordinance- 2020″ for bringing a change to the existing law keeping a provision of death as the capital punishment for rape instead of lifetime rigorous imprisonment,” Cabinet Secretary Khandaker Anwarul Islam told a news briefing following the meeting at the cabinet division of Bangladesh Secretariat here.
The Premier joined the meeting from her official Ganabhaban residence while her cabinet colleagues got connected from the Bangladesh Secretariat through a videoconference.
Anwarul added that the Women and Children Affairs Ministry brought the draft law proposing to amend section 9 (1) of the existing “The Women and Children Repression Prevention Act-2000” by replacing the words “lifetime rigorous imprisonment” with “death penalty or lifetime rigorous imprisonment’ as capital punishment for rape.
According to the Article 9 (1) of the existing “The Women and Children Repression Prevention Act-2000,” the punishment for rape is life imprisonment and pecuniary punishment. He said the amendment to the existing law is obligatory aimed at preventing the repression on the women and children particularly the rape as it is a heinous crime.
The cabinet secretary said that the President can formulate or announce the ordinance if he considers that the necessary state of affairs has currently been prevailing to take measures to this effect using the power bestowed upon him in accordance with the article 93 (1) of the Constitution as no session is now running in the parliament.
Answering to a query, he said, “It will definitely have a positive impact in the mind of the general people as the media is going to conduct a huge promotional campaign regarding the matter.
The people who are intended to commit rape they will think twice that the death is the capital punishment for the crime.” He hinted that the draft law will help reducing the rape incidents.
Referring to section 15 of the existing “The Women and Children Repression Prevention Act-2000,” that has suggested of giving compensation to the rape victims by the convicts, the cabinet secretary said the section will be prominently taken into consideration in the trial process
The cabinet secretary also said amendments have also made changes to two correlated sections of the existing law 11 (Ga) and 20 (7). He added that simple hurt will be compoundable, but there is no scope to compound the rape in accordance with the section 11 (Ga) of the proposed law.
One will be sentenced for maximum three years and minimum one year imprisonment and will be awarded with penalty in addition to the imprisonment for simple hurt under the section 11 (Ga).
Anwarul said the regulations of The Children Act-2013 will be applicable if any child commits crimes or becomes a witness under The Women and Children Repression Act-2000 instead of the “The Children Act-1974” under section 20 (7) of the draft law.
The Children Act-1974 has become ineffective with enactment of the children law of 2013, he continued. Replying to a query, the cabinet secretary said the amendments were brought to the existing one for Women and Children Repression Act-2000, for not only against the backdrop of the movement against rape.
In this connection, he also said, “We have gone through laws of many countries. The amendments have been brought to the existing law considering all the aspects including the present situation and the reality.”
In replying to another question, the cabinet secretary said the trial of the rape cases will be held at Women and Children Repression Prevention Tribunal under the section 20 (3) of the existing law and be completed by 180 days.
BSS/AHJ/SIR/OF/1655 hrs