Rapes and argument over 'exemplary' punishment

Four youths arrested on charges of gang rape of teenager in Bandarban; rape accused snatched from police in capital's Khilkhet beaten up; mob beat up man, handed him over to police on charges of raping a child in Nawabganj; female journo gang raped overnight while being held in an under-construction building in capital's Pallabi; housewife allegedly raped, videotaped by miscreants in Narsingdi, etc. These are some of the recent news headlines. If you search online, you will find much more news of such incidents that happened in March.

A report by the non-governmental organization Manabadhikar Shongskriti Foundation (MSF) on March 31 also said that the number of rapes in the country in March was more than doubled compared to the previous month of February. Along with this, the incidents of murder after rape also increased. In March, 428 incidents of sexual assault, attempted rape, and violence against women occurred. The number of total incidents of violence against women is much higher than the previous month. According to the MSF report, there were 132 rape incidents in March with 17 gang rapes.

Does this series of rapes prove that the number of rapists in the country has increased? I asked Barrister Tasnuva Shelley, who has been working on issues of violence against women for a long time. Barrister Shelley says that it is difficult to say whether the number of rapists has increased. However, news of rape or violence against women is now coming to the fore more than before. There may be several reasons for increasing rates of rapes. For example:

1. Information is spreading rapidly due to social media, as a result, no one can hide the information even if they want to.

2. In cases of rape, especially physical violence against a child, the family would try to keep the matter quiet for fear of social shame. Maybe, the 'breaking the silence' has happened this time. As a result, no such news has surfaced.

3. The media is publishing and promoting such news with great importance.

4. In recent times, there has been concern across the country about the issue of violence against women, rape or attempted rape, and even other crimes against women, which are no longer hidden. In some way or another, they are becoming a topic of public discussion.

5. One or more quarters may consciously carry out such crimes as rape or violence against women to prove that the government is not running the country properly.

Whatever the reason, there is no way to deny that incidents like rape have increased. As a result, the question is, what is the remedy for this and why are such crimes not decreasing even though the maximum penalty for rape is the death penalty in the existing law of the country? Secondly, how many people have been executed for such crimes so far, even though the maximum penalty for rape is death?

How many people have been hanged?

In recent times, in Bangladesh, probably the last time a rape convict was hanged was in January 2023. It could not be confirmed whether anyone else has been hanged since then. On the night of January 22, 2023, Shukkur, who was convicted in a rape and murder case, was hanged in Kashimpur Central High-Security Jail in Gazipur. Shukkur's involvement with a gang rape and murder that took place in Daulatpur, Kushtia in 2004 was proved before the court.

A report published in Prothom Alo on October 16, 2020, said that five people have been executed in rape-related cases in the country in the last 11 years. When the report was published, 144 more accused were sentenced to death in various prisons in the country. Analyzing the verdicts of various cases, researchers say that the responsibility of proving the involvement of an accused is much greater in the case of the death penalty. In that case, the risk of the accused being acquitted increases due to the lack of solid evidence. Most of the death sentences handed down in lower courts are not upheld by the High Court. The trial procedure takes decades. In the case of rape, the trial procedure takes a long time with a negligible conviction rate.

Non-governmental organization Bangladesh Legal Aid and Services Trust (BLAST) analyzed the information of 48 appeals of the accused in the High Court from 2000 to 2019 which showed that all the cases went to the Appellate Division of the Supreme Court. The top court commuted the death sentences with life imprisonment in five cases. The High Court upheld the death penalty for two convicts. It is not known whether they went to the Appellate Division. (Prothom Alo, October 16, 2020).

Who rapes and why?

A total of 10 persons, including an expelled local Awami League leader, were sentenced to death and 6 others to life imprisonment for gang-raping a woman in Subarnachar of Noakhali on the night of the 11th National Parliament election held on December 30, 2018. A gang of criminals raped a mother and her daughter cutting through the floor of a house in Subarnachar on the same day the above-mentioned verdict was delivered. The next day, the police arrested Abul Khair Munshi, the president of Charwapda Union Awami League and former UP member of Ward No. 5 of Subarnachar Upazila. Earlier, there have been allegations of rape and beating of women by stripping them naked in different areas of Noakhali. Cases have also been filed in some of the incidents. Research can be done on why Subarnachar or similar Char areas repeatedly make headlines for rape incidents.




The reality is that power can not only be perceived by political position but also by social status, financial capabilities and reputation. Many times, rape or sexual violence occurs in the frantic expression of that power. Especially, opportunistic, incapable of self-control and powerful men with distorted tastes want to be the bed companions of subordinate, weak or vulnerable women whenever they get the chance. If they do not agree to their proposal, they start forcing them or rape them. Many times, rape is being used as a weapon to take revenge.

This kind of incident happens. When someone forcibly engages in physical relations with a woman against her will through rape, the main thing is usually the abuse of power; not the gain of physical pleasure.

There are various opinions and analyses on why rape does not stop or why incidents like rape occur even in the civilized and developed world. However, there is no disagreement that a disease like rape does not spread in society for just one isolated reason or someone does not suddenly become a rapist. For this, many factors come into play, such as his upbringing, surroundings, education-interests-culture, fear-trust and respect for the law, respect for women and children, how much women are considered as women and how much as people, how many people in the society he lives consider people as people and how much opportunity there is for the development of human values. Another problem is the lengthy judicial system and faulty investigation.

Argument over exemplary punishment

Whenever a crime increases in society, there is a demand for swift and exemplary punishment for that crime. When incidents like rape and gang rape increase, many people write on social media: ‘The rapist’s penis should be cut off’. It can be recalled that in 2019, many accused of rape were killed in alleged gunfights with law enforcement agencies. When it comes to major crimes, people want exemplary punishment, mainly because it is a heinous crime, so that no one dares to commit such crimes in the future. That is why many people talk about cutting off the rapist’s penis as a punishment for rape, but whether one barbarity can be punished with another barbarity is also a question. That is why many countries in the world have abolished the provision of capital punishment or death penalty.

Finally…

There is a debate about whether making the death penalty the punishment for rape has reduced such crimes or whether the provision of the death penalty reduces crimes as rape increases in society for various reasons. Especially when someone rapes, not only the laws of the state, but even the provisions of religion and the fear of the afterlife do not work in their consideration. Many people have no idea about the law. Furthermore, if knowing about punishment can stop people from committing crimes, then there would be no murder and destruction in the country as everyone knows that the punishment for murder is the death penalty.

So, establishing a crime-free society and state is more important than ensuring the punishment for crimes or increasing the amount of punishment or holding speedy trials. Strict laws and exemplary punishment are only one way to do that. Apart from this, it is believed that many other state and social initiatives, especially ensuring justice in society; building a tolerant and humane society and ensuring the basic human rights of citizens in a democratic system of governance, can reduce crimes like rape. In other words, it is not possible to eliminate serious crimes like rape from society by just making strict laws, providing exemplary punishment or holding speedy trials.

Amin Al Rashid: Journalist and writer.