Mandatory arbitration clause for dowry, injury raises concern among legal experts

Previously, cases of abuse related to dowry were adjudicated in the Women and Children Repression Prevention Tribunal. However, through the promulgation of the Women and Children Repression Prevention (Amendment) Ordinance on 25 March, the jurisdiction was transferred to the Magistrate Court. Now, even that has been changed to allow for resolution through arbitration or mediation.

The government recently issued the "Legal Aid Services (Amendment) Ordinance, 2025". According to the amended law, in cases under section 11(ga) of the Women and Children Repression Prevention Act, where a woman is subjected to “minor” abuse over dowry, she must first seek mediation before filing a case. In other words, for “simple hurt” inflicted by her husband or any person on behalf of her husband over dowry, a woman cannot file a case directly. She must first go to the Legal Aid Office for mandatory arbitration or mediation.

Legal experts have opined that such provisions could be a major obstacle to quick justice for affected women.

Under the Legal Aid Services (Amendment) Ordinance, 2025, mediation has been made mandatory before filing of a case under section 11(ga) of the Women and Children Repression Prevention Act. This new provision came into effect on July 1, covering complaints related to dowry under Sections 3 and 4 of the Dowry Prohibition Act, 2018, and physical abuse due to dowry under section 11(ga) of the Women and Children Repression Prevention Act, 2000.

According to the Women and Children Repression Prevention Act, there is no bar to filing cases by women subjected to physical abuse for dowry. However, the severity of the abuse and injury determines the degree of punishment. As per the new ordinance, a woman subjected to abuse under Section 11(ga) must seek mediation before filing a case. Section 3 of Dowry Prohibition Act states that “for simple hurt (of a woman) inflicted by her husband, his father, mother, guardian, relative, or any person on behalf of the husband for dowry, the punishment will be rigorous imprisonment not exceeding five years but not less than two years. An additional fine will also be imposed.” On the other hand, the new ordinance states, “From now on, in such cases, the abused woman will not be able to file a case directly. She must first apply to the Legal Aid Officer. If mediation fails there, either party may file a case.”

Meanwhile, the Women and Children Repression Prevention (Amendment) Ordinance, 2025, came into effect on March 25 last. By adding Section 35 in the ordinance, it has been stated that cases under section 11(ga) concerning simple hurt due to dowry will now be tried in the Magistrate Court. The offence described in Section 11(ga) will be accepted and tried by a first-class magistrate. However, cases filed under section 11(ga) before this ordinance came into force will proceed as before. Those cases will not be transferred to the Magistrate Court. These cases were previously conducted in the Women and Children Repression Prevention Tribunal. But under the Legal Aid Services (Amendment) Ordinance, such matters must be resolved through mediation in the Legal Aid Office. Not only dowry and abuse, but also cases over cheque dishonour, rent disputes, inheritance claims, parental maintenance, land and property, unpaid debts, and compensation, all sensitive and significant criminal matters, can no longer be directly filed with court under this ordinance. One must first approach the Legal Aid Office of the concerned area.

Human rights activist and Supreme Court lawyer Elina Khan told the Views Bangladesh, “The offence under Section 11(ga) of the Women and Children Repression Prevention Act, 2000, has been brought under mandatory pre-litigation mediation. Not being able to file a case directly and being forced into mediation through Legal Aid will hinder justice for affected women.”

“This will lead to harassment for justice seekers and further delays in the justice process. According to section 32 of the Women and Children Repression Prevention Act, the victim must receive treatment and certification from a government-approved hospital, and the hospital will send them to the police station. Under the new provision, the victim will have to go to the Legal Aid Officer before going to the hospital. As a result, due to the absence of a medical certificate, proving a case of simple hurt later will become difficult,” she said.

Supreme Court lawyer and human rights activist Fauzia Karim Feroz told the Views Bangladesh, “Unlike developed countries, Bangladesh has yet to establish a comprehensive legal aid infrastructure. Therefore, if women abused for dowry are prevented from filing a case directly, there is a risk that they will be deprived of legal remedies.”

She said, “According to information from the National Helpline Centre, in 2024, a total of 460,358 calls were received on the 109 helpline regarding domestic violence. In such a situation, with the limited manpower of Legal Aid, it is not possible to resolve such a large number of dowry-related abuse cases in the country. This will increase case backlogs and waste time. Eventually, one will have to go to court anyway. Therefore, it is essential to further revise the Legal Aid Services (Amendment) Ordinance, 2025, in a more planned manner to ensure the right to speedy justice.”

Attorney General Md. Asaduzzaman told the Views Bangladesh, “The offence of simple hurt due to dowry was made compoundable in 2020 based on a High Court verdict. The new provision for mediation has been introduced to make the compromise process meaningful. It will strengthen women’s rights. The new law's requirement to apply to the Legal Aid Office is also a legal process. And if the compromise fails, the abused woman still retains the right to file a case. Rather, this provision will help reduce case backlogs and simplify the judicial process.”