CJ seeks regional cooperation

Chief Justice Syed Mahmud Hossain yesterday sought regional cooperation among the South Asian countries to ensure people's access to justice, which is the fundamental element for ensuring rule of law.

“Access to justice is a human right. It is the fundamental element for ensuring rule of law. Protection of human rights can only be granted by coordinated efforts of the stakeholders,” he said at the closing session of the two-day South Asian regional conference.

The law department of Dhaka University and Bangladesh Legal Aid and Services Trust (BLAST) jointly organised the conference titled “Gender, Rights and Choices: Access to Justice in a Megacity” at DU Senate Bhaban in the capital.

Citing the rising number of filing cases, the chief justice claimed that access to justice in the country is improving gradually.

A total of 17,42,247 cases were filed at different courts across the country in 2017. “This figure amply shows that access to justice in Bangladesh is improving day by day, irrespective of gender,” he said, speaking as the chief guest.

About gender discrimination, Justice Syed Mahmud said the country's constitution prohibits discrimination on the grounds of gender and it declares equality of men and women in all spheres of the state.

“Apart from the same, we have adequate laws to curb violence against women. The judiciary in Bangladesh is highly sensitive about gender justice,” he added.

While speaking at the conference, other speakers said justice remains elusive to women and marginalised people, like transgender and the persons with disabilities, due to the existence of discriminatory laws or the practice of partial implementation of the laws.

Fatama Sultana Shuvra, a teacher of anthropology department at Jahangirnagar University, said when a rape victim seeks justice, she is subject to an examination of her characteristics under the Evidence Act 1872.

“We still carry this legacy of [British] colonial rule.” After overcoming trauma and social stigmas when a woman goes to court for legal remedy, she faces the age-old mindset that her previous sexual history should carry the validation of her complaint.

Moreover, the Penal Code 1860 and the other special laws recognise women as possible victims of sexual violence, Fatema added.

Taslima Yasmin, a faculty member of law department at DU, said the authorities refuse to register cases of domestic violence when the woman complainant is a divorcee.

Shafiqul Islam, executive director of ADD International Bangladesh, said when a victim is a woman, her misery is manifold.

Prof Sri Krishna Deva Rao, vice chancellor of the University of Odhisha in India; and Prof Nasreen Ahmad, pro-vice chancellor of DU; also spoke.