Rape survivors must have a right to compensation
With the ever-increasing rape incidents taking place all across the country, discussions have been going on about how we can stop this heinous crime and ensure justice for rape survivors. However, the issue that is getting little or no attention of the concerned authorities is the need for compensating the rape survivors. While prosecuting the rapists is essential, it is also as important to ensure compensation for the survivors of rape and other gender-based violence, as pointed out by the speakers at a webinar, jointly organised by Bangladesh Legal Aids and Services Trust (BLAST), UN Women and The Daily Star on December 2.
According to the 1993 UN declaration on elimination of violence against women, gender-based violence must be eliminated in four stages—through preventing violence, protecting the survivors, ensuring justice, and redress through compensation. While we are lagging behind in all the four stages, we have done practically nothing to ensure redress for survivors of rape and other gender-based violence through compensation. The issue of compensation has hardly been discussed in our laws.
Under the Women and Children Repression Act 2020, a survivor can receive compensation against 10 offences, which range from Tk 10,000 to Tk one lakh, fixed by the court. The problem is, there are no specific guidelines on how the payment will be given to the victims. So, even if rapists are fined along with punishment, the amount goes to the state, not to the survivors. Therefore, we need specific guidelines on how the rape survivors will receive compensation. And in cases where the perpetrators do not have the ability to pay, the state must take the responsibility to compensate the victims.
In Bangladesh, only a handful of cases are filed against the rapists because of the legal process being extremely patriarchal, which further traumatises the victims and also because of the disadvantageous social position of the victims. The survivors who file cases even after facing so many hurdles and excruciating experiences, hardly get justice. A study has found that only three percent of all cases that are filed in connection with rape end in conviction. While this is the situation of conviction rate in rape cases, it is understandable why the issue of compensation is not getting due attention.
In order to stop the prevailing rape culture in our society and ensure justice for the rape survivors, the state must take responsibility. It is the obligation of every state to make sure that the rights of victims of rape and other gender-based violence are fully protected. Bangladesh is a party to various international treaties and laws, including the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW), which advocate for compensating the rape survivors along with prosecuting the rapists. We hope our state will give due importance to the issue.
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