Cops must record rape complaints without delay: HC
The High Court has issued 18 guidelines for ensuring protection and justice for the rape victims, including a ruling that the officers-in-charge of the police stations must record complaints about rapes and other sexual assaults on women and children without any delay.
Chemical or DNA tests [of victim and rapists] in all rape or sexual assault cases must be conducted, and the DNA samples should be sent within 48 hours to the lab, it observed.
“Every information relating to commission or cognizable offence including rape, sexual assault or like nature shall immediately be reduced to writing by the officer-in-charge of a police station irrespective of the place of occurrence without any discrimination whatsoever and without causing any delay. Also, a designated website should be opened enabling the informant to registrar his or her complaint online.”
“In all rape cases or cases of sexual assault, chemical or DNA tests are required to conduct mandatorily. The DNA and other samples should be sent the concerned Forensic Science Lab or DNA Profiling Centres within 48 hours of the alleged occurrence”, the HC said.
The HC bench of Justice Farah Mahbub and Justice Kazi Md Ejarul Haque Akondo came up with the directives in the full text of its verdict on a 2015 writ petition that challenged the delay in recording a case following the gangrape of a Garo woman in the capital.
On May 21, 2015, a Garo woman was forced into a microbus near Jamuna Future Park and was gang-raped at Kuril in Dhaka. The 21-year-old was then dropped off at Jasimuddin Road in Uttara.
According to media reports, police wasted time in recording her complaint and sending her to a victim-support centre.
Five rights organisations -- NariPakkho, MahilaParishad, JatiyaAdibasiParishad, Bangladesh Legal Aid and Services Trust, and Ain O Salish Kendra collectively filed the writ petition with the HC on May 24,2015 seeking necessary orders from the HC over the gangrape.
They said in the petition that failure of the police to take prompt and effective measures to ensure treatment and referral services to the victim was negligence of the state’s obligation to ensure every person’s right to physical health including sexual, reproductive and mental.
The HC bench Justice Farah Mahbub and Justice Kazi Md Ejarul Haque Akondo on February 18, 2016 disposed of the writ petition and released the full text of its verdict in April this year.
In the verdict, it said, “Every police station must have round the clock a female police officer,not below the rank of a constable. On receipt of the information of the offence or rape or sexual assault the duty officer present at the police station and make the victim and her family members comfortable.”
At all the stages the identity of the victim should be confidential, the HC said in the verdict suggesting to keep a list of female social workers who may be of assistance at all police stations.
“The statute should contain aspecific provision dealing with refusal or failure of the officer concern of the respective police station without sufficient cause to registrar such cases,” it said.
The HC said the statements of the victim should be recorded in the presence of a lawyer or friend nominated by her or social worker or protection officer.
“The victim should be made aware of her right to protection from the state and to give any information she requests on the matter. The duty officer immediately upon receipt of the information shall inform the victim support centre,” the HC said in the verdict.
The HC judges said interpretation services should be provided where necessary especially for women or girls with disabilities who are victims of rape or sexual assault.
“After reducing the information into writing, the investigation officer along with the female police official available shall escort the victim for medical examination without causing delay”, they said in the judgement.
The judges said, “The victim support centre should be discreet and should at all times have all the facilities required for the recovery of the victim”.
“Any failure of duty on the part of the investigation agency in collecting the report or causing the victim to be taken to the nearest hospital for medical examination would be punishable offence,” they said, adding that the investigation officer shall endeavour to complete the investigation at an earliest.
“There should be wider dissemination of the national line number on violence against women, girls or children namely 10921 through visual, audio as well as in the print media including designated website”.
“In addition to the above, to establish an office in every metropolitan city for the purpose of providing necessary security, medical, chemical and counselling assistance and secured protection for the victim,” the HC judges said in the verdict.
The HC order the authorities concerned of the government to strictly follow and observe the guidelines strictly until required legislation is formulated on the subject matter.
It also directed the office of Supreme Court registrar general to send the copy of its verdict to the ministries of law, children and women, and home affairs as well as the inspector general of police for taking necessary steps for the enforcement of the guidelines.
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