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Introduction Original
Introduction Original
This research has followed the mixed method approach combining both the
quantitative and qualitative research methodology. Through quantitative data
analysis and qualitative comparison of the legal provisions and judicial
decisions, the present work hypotheses lack of proper and adequate evidence,
weak presentation of the prosecution case, technicalities of law, harshness of
law, filing of false, weak police investigation, out of court settlement, and case
backlog as the main reasons responsible for the low conviction rate.
Over the year this is exhibited that conviction in the violence against woman
and child cases cannot sustain because of the improper application of law,legal
infirmity, and lack of sound reasoning in the trial court decision, excessive use
of jurisdiction by the trial court, framing of wrong charge by the tribunal and
inappropriate trial procedure several recommendation to mitigate the current
trend of low conviction rate,it is clarified that by identifying the level and
reason behind low conviction rate in the violence against woman and child.
we should ensure that punctuality in the tribunal, cooperative attitude must be
ensure,than only we will get real scenario of tribunal, original case will be filed
and conviction rate will be meaningful, aggrieved party will come before the
court for solving their problem, and tribunal peacefully solved the problem.
Chapter 1
Introduction
1.3.why is it difficult?
For many people made unfairly redundant in this crisis, employment tribunals
will offer the sole route to being reinstated or receiving appropriate
compensation. They are only place some statutory employment right can
actually be enforced. The alternative redress option are limited and state
enforcement of rights is ineffective. For many people by this redundancy crisis,
Employment tribunal will offer the only way to protecting their right. This is
partly because of tribunal limit. which is false and which is right is not find out
easily for this reason need to investigate in route stage.
On the other side, if any rich people commits a crime, they come out the
obligation of the law in any way, the rich can dominant the law.
It can be inferred that there must be some loopholes in the law because of which
the law is failing to address this extreme low rate of conviction in the cases. The
reasons for the low conviction rate in the violence against woman and child
cases may include harshness and excessive technicalities of law. filing of false
cases, framing of charge under inappropriate sections of law, inconsistencies of
Nari-o-Shishu Nirjatan Daman Ain 2000 with the general criminal legislations,
lack of evidence, lack of legal assistance, lack of preparation in prosecution case
and lack of witness. Whatever the reasons may be, the noticeable rate of low
conviction in the violence against woman and child cases may be construed as a
signal that this special criminal legislation is failing.
That’s why we need to change the system as early as possible if we don’t
people will not come to the tribunal.
Ultimate beneficiaries:
Can you imagine ? in 2017 filed a case before the tribunal 15000 but when
through investigation by officer the veracity of 4000 cases could not be found
On the other side only 527 get punishment rest of the cases was dismissed.
Chapter 3
Technical contribution
This research is in any way does not advocate for the rate of conviction to be
high rather it is expects a proper administration of justice aiming to uphold the
right of the poor and marginalized victim of violance .
The part of legislative inconsistancies also initiate with some hypotheses. the
initial hypotheses was that inconsistence provision of the selected the violence
against legislation which may affect the administration of justice.
We should do anything which is useful for solving the fact, that’s why
overwhelming the every peace of problem, when we accumulate that time we
get more than 70% cases filed for harassement of other. we have seen the
scenario the cases over tribunal, for this low conviction rate are stay at tribunal.
we should find out the nature of case which is false or not, if we found
that case has accurate than we should through procceding, otherwise we
should dismiss the case also those who make false allegations must be
given exemplary punishment.
we should take step for preventing the filing false cases, so that actual
offender will get punishment.
the tribunal can get relax from extra burden of false allegation by the way
the tribunal can concentrate the actual cases than we can get best
solutions
we should create awareness amongs the people so that they can imagine
what should I do, by the simple awareness huge number of backlogs will
be settled ,tribunal can his task without any extra burden.
firstly we have taken dicision for going to village for more data collection
that time we saw the practical scenario of fact of my research,More than
80% problem can be easily solved but they cant do that for the
provocation of other such as family member ,outsided family
member,personal aggression, we can specially say about advocate those
person are takes responsibility for solving the who are creates.
when we talking about the child that time creates problem about the
custody of the child, so can we called family related matter when they get
divorced or not. If they divorced that time question arise about
custody,though they can easily solved the problem but they cant do that
for this creates extra burden over the court.
child abuse at home is another problem ,now a days we have seen child
abuse is very easier offence, aggrieved child cant go to the tribunal
because of their supportive staff. So we should take special step for
solving the problem.
The nari o shisu nirjatan daman tribunal may be given with the power of
granting bail at any stage of the procedeing ,the provision relating to the custody
of child in domestic violence act 2010 in the family courts ordinance 1985
should be consistent and clear mentioning explicitly to which forum one should
go in any particular situation. Moreover ,the definition of child should be
uniform in all the vaiolation aginst woman legislation.
3.2 METHODOLOGY
This part of the study gives a brief overview of the methodology applied for the
present research along with the suitability and appropriateness of such
methodology to the current work. The methodology to be applied for this work
is selected considering the nature of the research problem and the related
issues12, the researchers knowledge developed by relevant literature review and
the ultimate purposes of the study.
The two broad issues addressed by this study are, investigation into the low
conviction rate in the violence against woman and child cases filed under the
Nari-o Sishu Nirjatan Daman Ain 2000 and the legislative inconsistencies in the
four specific legislation violence against woman and child. The research on the
reasons for the low conviction rate begins with a hypothesis that the conviction
rate is low in the violence against woman and child cases.
This hypothesis is initially adopted on the basis of a literature review. The
acceptance or rejection of this hypothesis requires numerical survey for which
quantitative Method of study is found to be the most appropriate. Quantitative
Method in this context is understood as explaining phenomena by collecting
numerical data that are analyzed using mathematically based methods
particularly statistics. Upon an initial finding on this hypothesis , the work will
aim to figure out the reasons for such low conviction rate.
At this point, the work requires addressing the ,why questions, side by side of
the what questions. To answer the ,why,questions, inductive data analysis and
the researcher making interpretations of the meaning of the data are obvious.
These processes are the attributes of the qualitative Method.
Therefore, for this section, qualitative method will be applied side by side of the
quantitative method. By contrast, the research on inconsistencies in the selected
legislations on the starts with violence against woman and child cases a
hypothesis that there may be inconsistencies in these legislations that ultimately
lead to case backlog.
The confirmation or rejection of this again calls for a quantitative survey. If the
finding is positive, the inconsistent provisions of law are required to be found
out. Collection of numerical data on the basis of a set questionnaire is found to
be the most appropriate strategy for this work. A qualitative study of the
provisions of the violence against woman and child cases, however, is to be
applied then to verify and confirm the result of the Quantitative survey.
For comprehensiveness, the study, therefore, applies a mixture of both
quantitative and qualitative research method which is usually known as Mixed
Method Approach.This approach involves a merger of primary and secondary
data and is believed to be capable to best serve a transformative purpose to
advocate for the marginalized groups, such as women or other minorities.
The following methods are adopted to address the issue of low conviction
rate and related bottlenecks
Qualitative Method:
1. Research on the provisions of the Nari-o-Sishu Nirjatan Daman Ain 2000 (as
amended in 2003).2.Research on the provisions of the Dowry Prohibition Act,
1980, the Domestic Violence Act 2010 and the Family Courts Ordinance 1985.
Quantitative Method:
1.Interviewing the experts who will be from academics, judges, practitioners,
victims and other related justice sector agencies.
2. Empirical survey through the collection of data and reports on the violence
against woman and child cases under the tribunal.
This research believes that any initiative to justice sector reform must address
bottlenecks in the entire system in order to motivate people to report incidents
and to promote case prosecution. Various studies have identified that the
systematic or structural bottlenecks among the justice sector institutions in the
violence against woman and child cases filed under the Nari-o-Sishu Nirjatan
Daman Ain 2000 exists from the pre-trial stage to the implementation of the
Tribunals Judgment. The current research will particularly focus on this issue
from the context of low conviction rate in the violence against woman and child
cases. Specifically, the bottlenecks affect the right to access to justice which has
been acting as a major disincentive for the women litigants to come before the
court. Therefore, a research on this issue while finding out a potential solution
to this problem will address all the related bottlenecks to ensure and establish an
effective justice delivery mechanism.
Filing of false cases, lack of evidence ,out of court settlement and weak police
investigation are some of the main reason for low conviction rate under the
woman and children repression prevention act 2000.
Chapter 4
Analysis
4.1. Analysis
This part critically examines the level of low conviction rate in the violence
against woman cases under the Nari-oSishu Nirjatan Daman Ain 2000 and the
underlying reasons behind with reference to the quantitative and qualitative
data. During the initial literature it has been found that conviction rate in the
violence against woman cases is abysmally low.
Following this,tests the level of this rate by illustrating firstly, the quantitative
survey result from the justice sector agencies of Dhaka, Comilla and Pabna and
secondly, by analyzing the statistics on the violence against woman cases filed
at the Nari-o-Sishu Nirjatan Daman Tribunals of the abovementioned three
districts. If finds that the conviction rate is really low, then will look for the
underlying reasons for low conviction.
Current research has gone through several literatures and found no single study
on this particular topic. Rather, they either have focus on the reasons for low
conviction rate in criminal cases, in general or in the violence against woman
cases, in particular.
Hypothesis:
Conviction rate is extremely low in the violence against woman cases under the
Nari-o-Sishu Nirjatan Daman Tribunal.
Question asked:
Is the conviction rate in the violence against woman cases under the Nari-o-
Sishu Nirjatan Daman Tribunal generally low?
Quantitative data:
The justice sector agencies,judges, public prosecutors and defense lawyers of all
the Nari-o-Sishu Tribunals in Comilla who have been interviewed during the
field visit of this research unanimously have opined that the cases filed at the
Nari-o-Sishu Nirjatan Daman Tribunal generally have an extreme low rate of
conviction.
We asked him some question about the low conviction rate in the nari o
shishu nirjatan daman tribunal such as;
What is the practical scenario of tribunal?
He says that the practical scenario of tribunal is unhighgenic for
mentally fit people.
What is the reason behind?
He says that huge number of backlog of cases, also he says the
number of judges are very poor against huge number of cases.
Why is the conviction rate is low in the tribunal?
He says that conviction rate isn’t actually low, further he said that
we should convicted those person who are actually committed
crime. We can no longer punish the innocent.
How many false case is filed before the tribunal?
He says that huge number of false case is filed before the tribunal,
approximately 80% cases filed before the tribunal is false.
What is the reason behind?
He says that false cases are filed to harass the husband to put it
more clearly Non-bailable nature of laws regarding violence
against woman cases, Mandatory death sentence under the 2000
Act leaves no alternative before the judges, Provision containing
strict penalty, The medical officer, investigation officer and even
lawyers may have a part in preparing and presenting false cases. It
only hampers justice system also obstruct the tribunal to focus
relevant cases.
What is the reason behind of low rate conviction in the nari o sishu
nirjatan daman tribunal?
He says that some cause of low conviction rate such as;
a) Insufficiency of evidence
b) Lack of experience and inadequate qualification of the
investigating officers
c) Non separation of investigative staff
d) Poor supervision by the superiors
e) Lack of qualified personnel, logistics and financial resources
f) Lack of cooperation and coordination with prosecutors
However, the magnitude varies as per the nature of the offence. According to
majority of the participants, the offence of causing death or attempting to cause
death for dowry Section 11(a) causing grievous hurt for dowry Section 11(b)
causing simple hurt for dowry section 11(c)have the lowest rate of conviction.
By contrast, kidnapping section 7 rape section 9(a) causing death after rape
section 9(b) causing death or hurt by gang rape section 9(c)have the highest rate
of conviction.
The finding, however, contradicts with the statement that the offence of rape has
the lowest rate of conviction. Besides, being a very much gender-sensitive issue
in a patriarchal society it is the least reported crime and has the highest number
of pending cases.
This finding is confirmed by the statistics collected from the said tribunals. This
confirmation is significant to show the actual level of „extreme low rate of
conviction‟. It is to be mentioned that due to unavailability of data, among all
the tribunals, data of Tribunal on the total number of case, pending case and
disposed case, number of acquittal and conviction is not included in the
following tables and graphs.
Class Pending Number Number Number Number Number In After full trial Without
Of cases Of Of Of Of of Cases proceding Full
litigation cases settled Pending acquitte Convicte Settled Trial
filed case case d d Without Number
accused accused trial Convicte Acquitte Of
d d acquittal
person Of
accused
Filed a case 757 before tribunal in 2018 , previous pending case3754 also
settled case 2934 further pending case1537, number of acquitted accused 361,
specially can be said that there is no convicted person.
Also we can say that after full trial proceding there is no one can be convicted.
Without full trial number of acquittal is high rate such above number 1544.there
are so many false case filed before the tribunal,this statistics shows us so
2019 07 07 07
Cp 2018 373 317 690 254 436
We have shown that the comperative view of 2018 to 2019..there are so many
difference between filed case and settled case also conviction rate is low down
gradually.
Huma O7 01 08 08
n
traffic
king
Human 04 00 04
trafficking
This above table clearify the practical scenario of nari o shisu nirjaton daman
tribunal lower conviction rate ,if we think a little deeper we can catch the
problem.
Nari o Shishu Nirjaton Daman Tribunal No.3 according to January
2020
Human 04 02 06 06
trafficki
ng
This above table clearify the practical scenario of nari o shisu nirjaton daman
tribunal lower conviction rate ,if we think a little deeper we can catch the
problem.
List of task performed at the time of submission; Nari o Shisu Nirjatan
Daman Tribunal No.1 january to December 2020
Class of The Number Total Number of case settled others Total Under
litigation previous Of case number settled trial
one filed convicte acquittal discharg case procedin
d e g
Nari o 1537 631 2168 03 546 287 25 861 1307
shishu
Human 08 08 08
trafficki
ng
Overall, this table shows that over the 3 year period from 2018 to 2020, there
was a fluctuant trend in the percentage of case disposal. By contrast, the
percentage of conviction starting from 2018 showed a decreasing trend up to
2020. Looking at the detail, among all the years, 2018 In the nari o shishu
nirjatan daman tribunal shows us 3714 pending cases number of settled cases
2934 number of acquittal 361 without full trial proceeding 386 cases settled,
actually acquittal number1445, number of dishcharge case without trial
proceeding1544.
In the same way nari o shishu nirjatan daman tribunal no.2 at comilla in 2018
pendig case 970 ,attainment of case 326, total case appeared 1296 also number
of settled case 299 ,under trial proceeding 987 cases,
In 2019 number of pending case is 1058, on the other hand in child cases 2018
and 2019 number of cases pending is 130, on the other side in case of human
trafficking and court petition the number of pending cases is 436,399.
According to nari o shishu nirjatan daman tribunal no.3 january 2020.In case of
woman and child pending case 682 under trial proceeding is 731also acquittal
and discharge number 48.
In case of court petition 342 also under trial proceeding 406 also child case 127
pending case ,specially human trafficking pending case number 06.
Statement showing the number of cases brought to trial disposed of and pending
trial in the court of nari o shishu nirjatan daman tribunal no.3
In the nari o shishu case brought to trial 933 and disposed of 246 pending case
682, In court petition 703 disposed of 358 and number of pending cases 342.
In shishu case 133 disposed of 3 pending case 127. In the case of human
trafficking 4 pending case. Total number of pending case is 1155.
4.3 Number of false case filed before the tribunal is given below:
In Zitu Ahsan vs. State108, the HCD allowed an appeal setting aside the
conviction and sentence given by the Narayanganj Nari-o-Shishu Trigunal on
10/08/2006 u/s 9(1) of the Nari-o-Shishu Nirjatan Daman Ain 2000. The
conviction was set aside by the HCD on the ground that no sign of violence was
found in the medical report.
In Kamal Hossain vs. State110, the conviction and sentence were passed by the
Nari-o-Shishu Nirjatan Daman Tribunal Natore u/s 9(1) of the Nari-o-Shishu
Nirjatan Daman Ain 2000. The fact was that, the accused used to have
intercourse with the victim giving assurance of her marriage. The victim
became pregnant and on the denial of the accused to marry her, filed the instant
case. The medical report stated that there was no mark of violence and sign of
recent rape on the victim. Based on the medical report, the HCD presumed
implied consent on the part of the victim and set aside the conviction.
Rehana Begum vs. State112 is an interesting case where the accused persons
although were not convicted for lack of evidence at the trial court but
subsequently they met with the order of conviction in the High Court Division.
In this case, the victim committed suicide after a gang rape. The accused
persons were sentenced with life imprisonment u/s 9 of the Nari-oShishu
Nirjatan Daman Ain 2000. Witness statements were consistent. In the trial
court, the medical evidence was insufficient as medical examination was
conducted after the victim took bath. The HCD held that the accused persons
were guilty and confirmed the conviction.
In Mehedi Hasan v State113 the appeal was filed against the judgement passed
by the Nari-oSishu Tribunal of Kustia that convicted the accused with rigorous
imprisonment for 14 years and a fine of Tk. 1,000/- and in default 2 (two)
months imprisonment more. The High Court Division questioned the
authenticity of the doctors report and opinion as to the age of the victim. The
Court observed that the way the victim should be examined was not done duly.
Age is always dependent on the growth and development of human body and
therefore a male or female of 18 years can be found as 15 or 16 due to lack of
growth or else can be found as 19 or 20 due to puberty occurring earlier than
usual. As a result, the appeal was allowed and the impugned judgement
convicting the accused appellant was set aside.
The case of Kazi Nurun Nabi Parag v State114 is important to demonstrate how
lack of adequate and proper evidence is related to the weak effort of the public
prosecutors. In this case the appeal was preferred against the judgement passed
under ss. 7 & 9(1) by the Nari-o-Sishu Tribunal of Satkhira. The High Court
Division contended that no FIR that named the eye witnesses was brought to
prove the allegation of kidnapping and no police personnel who recovered the
victim was placed before the Court to prove the said recovery and there was no
evidence about the commission of rape of the victim.
Therefore, the HCD was observed that the prosecution had miserably failed to
prove the charge levelled against the appellants in any way and the Trial Court
convicted the appellants on mere surmises and conjectures and thus the
impugned judgement and order of conviction was liable to be set aside.
All the justice sector agencies have pointed out that such lack of proper and
adequate evidence mainly relates to the unavailability of medical report,
especially in rape cases and delay in examination of witness. Delay in
examination of witness takes the case against the prosecution as it potentially
declines the pros and cons of the incident from the memory of the witness.115
The reasons behind the inordinate delay to examine witnesses that have been
come out during the judges, PPs and DLs of the Nari-o-Sishu Tribunals are
mainly three.
Delay has been caused during the time of statement of the
investigation officer and medical officer. In many instances, because
of transferring from one place to another it becomes difficult for them
to appear before the tribunal.
Particularly the judges, PPs and DLs of the Nari-o-Sishu Tribunals at
Dhaka have stated that as constantly people who do not have a
permanent place to live at Dhaka shift from one place to another, it
becomes difficult to trace the whereabouts of the witness.
Adjournment of court proceeding which is another reason for delay. In
most of the cases it occurs due to the heavy workload of the judges or
the absence of witness. In this regard, case backlog that contributes to
heavy workload may negatively affect the prosecution
This above scenario are practical situation in the tribunal,there are huge number
of filing false cases in the tribunal scenary shows us that brought to case for trial
are huge number but acquittal rate and discharge rate much more than to be
accused, also the number of case settled without trial number is not less than the
rate of settled case.
The actual number of low conviction rate is higher than previous year
beacause of
There are so many difficulties in the tribunal for low rate of conviction but
specifically we can say that brought to case before the tribunal more than 80%
cases are false and ridiculous, on the other side there are so many person
inspired by other for the reason of harshness of punishment, also we can say
that this tribunal try to settled case imidiately this chance taken by the party for
their benefit, but actually they get no benefit.
Only they can ensure that extra burden upon the tribunal, for this reason we
have seen the low rate of conviction in the tribunal.
Chapter .5
Related work
5.1Related work
There are so many people already research in the question of low rate
conviction in the tribunal, they have been shown many important things for
solving the problem, it was fantastic also enthusiastic with some material it will
be helpful to the tribunal. But I have a plan ,if we execute it in future it will be
much more effective.
According to my research ;
Majority of the participants believe that filing of false case under the Nari-o-
Sishu Nirjatan Daman tribunal is a reason for low conviction rate. The medical
officer, investigation officer and even lawyers may have a part in preparing and
presenting false cases. In this regard, the interviewees‟ have recommended that
while taking cognizance of an offence, the trial court should be more cautious
lack of evidence, out of court settlement, filing of false case results into the
order of no-conviction.
5. Nari-o-Shishu Mamla No. 394/2010: Comilla. The plaintiff filed the case
before court under 11(c)/30 of the Nari-o-Sishu Nirjatan Daman Ain 2000
against her husband and his accomplices, for demanding dowry of BDT 200000
and torturing. In the trail the court found that the allegation against the accused
was not true. The tribunal, then, acquitted the accused. Date of judgment: April
07, 2015.
6. Nari-o-Shishu Mamla No. 620/2013: Comilla. The case was filed by the
victim‟s elder brother at the police station by accusing victim‟s husband and
two other family members of victim‟s husband for demanding dowry BDT
200000 and torture. Police investigated and provided charge sheet under
11(c)/30 of Nari-o-Sishu Nirjatan Daman Ain 2000 against the accused. During
trial, the tribunal found that the evidence that presented by the victim was too
weak to prove the case. In addition, at one of the trial, the plaintiff party lost
interest to continue the case and informed the tribunal that victim had negotiated
with her husband and agreed to resume their congenial life. The tribunal then
released the accused persons. Date of judgment: April 05, 2015
This above case shows us that we should must be cautious about some task
before proceeding than we could reach our goal such following way;
Sometimes the victims file false cases to harass the husband in which
case out of Court settlement occurs quite often
This above way we can settled the case easily but my research not to encourage
high rate of conviction rate rather we encourage the actual settlement of case so
that no one can harassment only for ridiculous attitude.
Also we should ensure that punctuality in the tribunal, cooperative attitude must
be ensure,than only we will get real scenario of tribunal, original case will be
filed and conviction rate will be meaningful, aggrieved party will come before
the court for solving their problem, and tribunal peacefully solved the problem.
This research is in any way does not advocate for the rate of conviction to be
high rather it is expects a proper administration of justice aiming to uphold the
right of the poor and marginalized victim of violence.
Chapter.6
Conclusion and recommendation
6.1.Conclusion
Being the concluding part, this chapter summarizes some of the
recommendations based on the findings of the present research. The data
analysis and the findings were intended to be objective so that it can be a
helpful guide for the justice sector agencies. Therefore, the recommendations
summarized in this chapter are non-exhaustive in nature.
6.2.Recommendation
Chapter. 7
Bibliography
LIST OF REPORTS
1.Law Commission, Bangladesh, Analysis of Muslim Family Law and some
recommendations (22- 02-2015)
2. Law Cmmission, Bangladesh, Recommendations on clarification of jurisdiction of Courts
to grant bail till submission of Police Report in the cases filed under Nari-O Shishu Nirjatan
Daman Ain 2000 (22-02-2015)
3. National Human Rights Commission of Bangladesh, Perceptions, Attitudes and
Understanding: A Baseline Survey on Human Rights in Bangladesh (Final Report, October
2011)
4.UNDP, Human Security in Bangladesh (September 2002) 107-108
5. Law Commission, Bangladesh, Recommendations to amend some provisions of Nari-O
Shishu Nirjatan Domon Ain 2000 (22-02-2015)
List Of Cases;
1.In Zitu Ahsan vs. State108,
2. Anwar Hossain vs State109
3. Kamal Hossain vs. State110
4. State vs. Sadequl Islam111
5. Rehana Begum vs. State112
6. Mehedi Hasan v State113
7. Nari-o-Shishu mamla no. 199/2013: Comilla
8. Nari-o-Shishu Mamla No. 124/2010
9. Nari-o-Shishu Mamla No. 84/2011: Comilla
10. Nari-o-Shishu Mamla No. 620/2013: Comilla
11. . Nari-o-Shishu Mamla No. 394/2010: Comilla
12. Anwar Hossain Chowdhury v Bangladesh (1989) 41 DLR (AD) 165 („8 th
Amendment Case‟)
13. Abdul Motaleb Howlader v State (2001) 21 BLD (AD) 27
14. Atiqur Rahman v Ainunnahar (2000) 52 DLR 453