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Abstract:

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

1.1.What is the problem?


Bangladesh is one of the higher populated country all over the world. For this
reason violence can be easily occurred. Also people are not well educated that’s
why they can do anything before realizing the actual damage.Violance against
women and child can be easily done without any question arise. If there is any
question arise, that time is protest only by poster faston some days later there is
nothing to stay. Victims of violence cannot go to the tribunal easily because of
hasitation they can go or not, if they go proceding is very slow and lengthy such
as investigation also in the tribunal create some unexpected scenary. 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 tribunal.
1.2.Why is it important to solve the problem?
These are different offences that usually involve preventing police officer from
arresting someone, or from performing other law enforcement activities. They
can,however arise other factual scenario. They also can be charged as distinct
offences by themselves, or in conjunction with charges for other. For these
reason as early as possible need to solve the problem otherwise victim will not
get their constitutional right those are, every people have right to live also,every
people are equal before law.

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.

1.4.What is your approach?


Every problem must have a solution, first we should find out the false allegation
and which is actual allegation, if we found that time easier to find out the
solution, also we should encourage the victim to filed a case before the tribunal
specially indicate those person who are originally victim, if once filed a case the
aggrieved party by the order, judgment or punishment imposed by the Tribunal,
can appeal to the Highcourt Division within the period of sixty days against
such order, judgment or punishment. If the opposite entity is engaging unfair
practice an appeal to a negative judgment could reverse that case.

1.5.How is different from other?


We know that damage equal to punishment ,if actual damage occurred the
guilty person must be convicted at any cost, responsibility must be taken by the
relevant person, if the tribunal thinks that any woman or child is needed to be
kept in safe custody at any stage of trial of an offence ,the tribunal can direct to
keep the woman or child out of the jail and under the custody of government
authority determined by the government for this purpose. the tribunal must have
ensure the punishment to the guilty person, if they ensure ,the victim will go to
the tribunal. Otherwise the tribunal will not get the actual success. Within a
short period of time judgment must be given, also need to development of
employment quality with present of sincerity. Though some people already
analysis this problem but my achievement in this subject different from other
rest of the paper i will prove that.
Chapter 2
Background and motivational
2.1 Background
The points to one of the most glaring failure in the government efforts to
address not only acid violence but gender based violence more broadly, the
barriers to securing justice. Bangladeshi people are not precautious about the
law and order for this reason the guilty person cope up with easily from the
restriction of law and order. In the village site law and order get their vulnerable
position. people disregard the law. they do not want to go to court, they believe
that even if they go to court, they will not get proper justice because the court
protect the rich not to poor, this is the practical scenario of village ,on the other
hand the rich person get their benefit easily, can you imagine ?how is that
possible ,the tribunal has ability to do that but they make a difference between
poor and rich people.

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.

The most prominent special criminal legislation now in force in Bangladesh


which deals with the offences concerning violence against women is the Nari-o-
Shishu Nirjatan Daman Ain 2000. This Act was enacted in the context of the
loopholes in the Nari o Shishu Nirjatan Daman (Bishesh Bidhan) Ain 1995
which was in force before the promulgation of the Nari o Shishu Nirjatan
Daman Ain 2000 except for the cases already filed under the Act of 1995.
However, since the enactment of the Nari o Shishu Nirjatan Daman Ain 2000 it
has been facing criticisms for not being able to prevent violence against women
effectively. One of the major concerns has been the abysmally low rate of
conviction in the cases filed under the provisions of the Nari o Shishu Nirjatan
Daman Ain 2000. In a report of Bangladesh Law Commission, it is found that
the conviction rate in the violence against woman and child cases filed under
the provisions of the Nari o Shishu Nirjatan Daman Ain 2000 is below 10% on
an average.

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.

2.2OBJECTIVES AND EXPECTED RESULTS


The specific and concrete results expected to be achieved through the present
research are as follows:

 Ensuring accountability among the related justice sector agencies.


 Creating awareness among the justice sector agencies as per their
duties under the Nari-O Sishu Nirjatan Daman Ain 2000.
 Enlightening one particular sector from the shared experiences of
other justice sector agencies.
 Finding out a holistic, coordinated and national level solution
through intensive study on three districts,Dhaka, Pabna and
Comilla.

Based on these objectives, the current research indentifies two sectoral


target beneficiaries who will be directly or indirectly benefited from
the study outcome,
Primary or direct beneficiaries:
 agencies involved in law making and policy formulation, e.g., Ministry
of Law, Justice and Parliamentary Affairs, Ministry of Social Welfare,
Ministry of Women and Children Affairs and the related parliamentary
committees and
 agencies involved in implementing laws and policies, i.e., Judges of the
adjudicating Tribunals, public prosecutors, lawyers and police officers,
women‟s rights organisation and the national human rights
organisations.

Ultimate beneficiaries:

 vulnerable, marginalised and poor woman and child litigants.

As to the quantitative indication of the above identified beneficiaries, the


research stipulates that it is difficult to predict the exact number of
beneficiaries to be benefited by this work at the initial stage. However,
based on the expectations and the implication of the overall study, the
present work expects that it will embrace all the justice sector agencies, law
reformers and victims of the violence against woman and child cases
generally.
As the first group of beneficiaries are involved in law and policy
formulation or implementation, therefore, the study expects a two-way
result. Firstly, the potential solutions to the problem of low conviction rate
under the Nari-o-Sishu Nirjatan Daman Ain 2000 will definitely help these
particular agencies in combating this challenge more proactively.
Besides, the identification of the underlying reasons for the low rate of
conviction may help them to come forward with innovative ways of solution
in redressing this problem. This may happen by bringing changes in the
particular legislation and its proper implementation. The second group of
beneficiaries are then expected to be comparatively free from harassment or
loss of time, resources and energy. At the same time, identifying legislative
inconsistencies in the violence against woman and child legislations will
help the target beneficiaries to ensure and experience better administration
of justice and access to justice.
2.3 motivation

 we should take to any proper step for solving the problem.


 we should create the proper envirionment in the tribunal for giving actual
punishment to the guilty person.
 we should maintain equality before law.
 we should change our mentality about crime. fifthly we should maintain
our peace and order.

 Another way we should change our motive to solve the problem,


such as educated people are aware of their right,also those are not educated they
are not aware about their right for this reason we need to announce regurarly
about the positive side of law. We can create awareness through paper, radio,
television and other.

There must be strong commitment to bring him to be the punishment of other.I


have found another problem many woman a file a case before the tribunal
without any legal cause. That means false allegation are arised.

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

3.1 Technical contribution


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.

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 encourage aggrieved party to solve the problem mutualy


before filing a case that time huge number of pity case can be solved
easily.

 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.

 Accordingly data has been collected from participants of quantitative


interview;

Asking them whether they experience any legislative inconsistency in the


violence against woman legislation. Most of the participant asnwerd that there is
no glaring inconsistency but there are some problems which should be resolved
by the legislative by legislative amendment. Later the above mentioned finding
has been cross verified by a qualitative comparison of the selected violence
against woman and child legislations,thus it is found that indeed there are some
procedural and substantive inconsistancies in the selected violence against
woman and child legislation. The provision of dowry related offences in the nari
o shishu nirjaton daman ain 2000 and in the dowry prohibition act 1980 should
be more consistant . all the dowry related offences should be dealt by one
single legislation. Currently dowry related offence are being dealt in the both
nari o shishu nirjaton daman ain 2000 and dowry prohibition act 1980.

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.

3.3 DATA COLLECTION AND SAMPLING


Before identifying the participants for the quantitative interview, the work
identifies the target population carefully and precisely. Since the whole
undertaking is to facilitate the justice sector, this study considers the justice
sector stakeholders as the representative samples for data collection. The most
closely related stakeholders in this context, are the persons concerned with this
aspect of the justice sector. This group includes the Judges, the public
prosecutors, court clerks, file and record keepers of the court, and the defense
lawyers. At the proposal stage, the work selected two districts of Bangladesh
namely, Comilla and Pabna as the fields of study keeping in mind that the
UNDP, Bangladesh is running pilot projects there to facilitate the justice sector
by helping to reduce case backlog. As there is one tribunal in Comilla and
another in Pabna dealing with the violence against woman and child cases, the
number of sample stakeholders would be really small if this research would
keep its scope limited in these two districts. However, considering that a
moderate size of sample gives more generality to the current work, the research
subsequently added Dhaka as an additional field for data collection as there are
five Nari-o-Shishu Tribunals in this field. Lastly, the work takes a conscious
determination that the sample is representative and not a non-representative or
biased sample. It relies on the principle that how cases are selected for a sample
is more important than how many cases are selected.

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.

However, based on those literatures, this research hypothesizes some reasons


behind the low conviction rate in the violence against woman cases under the
2000 Act. To testify those hypotheses, this research primarily relies on the
quantitative and qualitative questionnaire based survey result. Besides,
judgments of the Supreme Court and the Trial Court in the violence against
woman cases are examined for specifically determining the reasons behind the
low rate of conviction.

4.2 IS THE CONVICTION RATE LOW IN NARI O SHISHU NIRJATAN


DAMAN TRIBUNAL? With some related interviews.

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.

 Firstly we meet a district judge whose name is AM A AWAL NARI O


SHISHU NIRJATAN DAMAN TRIBUNAL,2 COMILLA.

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.

 How can this problem be solved?


He says that filing of false case under the Nari-o-Sishu Nirjatan
Daman Tribunal is a reason for low conviction rate. He says that
while taking cognizance of an offence, the trial court should be
more cautious and should recourse to section 17 of the Act to
punish anyone who files a false case.

 Secondly we meet a lawyer whose name is advocate Jahangir alam we


asked him some question about low rate conviction on nari o shishu
nirjatan daman tribunal. Such as follows;

 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

 How can this problem be solved?


He says that firstly filed case before the tribunal must be actual not
to filed false case for harassment other, He says that while taking
cognizance of an offence, the trial court should be more cautious
than must be cooperative with prosecutor, than ensure police
officer will cooperate with the PP or with the victim at all,further
he indicate that he 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.

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.

 Table Consolidated data from Nari-o-Shisu Nirjatan Daman Tribunals


of comilla
Nari o Shishu Nirjaton Daman Tribunal No;1 Description from January to
decmber 2018;

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

Session 3714 757 2934 1537 361 386 1445 1544


case

Session 1263 1052 1068 128


appeal

total 4977 1809 4002 1665 361 386 1445 1544


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’.

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

 Table Consolidated data from Nari-o-Shisu Nirjatan Daman Tribunals


of comilla
Nari o Shishu Nirjaton Daman Tribunal No;2 comperative table of 2018 to 2019

Class of year previous Filed Number Total Number Number In the


litigation one cases of case Of settled Of case trial
attainment case transfer proceding

Nari o 2018 970 326 1296 299 50 947


shishu

2019 947 398 1345 281 06 1058


shishu 2018

2019 134 134


Human 2018
trafficking

2019 07 07 07
Cp 2018 373 317 690 254 436

2019 436 652 1088 689 399


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.

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.

 Nari o Shishu Nirjatan Daman Tribunal ; 2


Information of January 2020

class The Number Number This month settlement Total Pending


of Previous Of Of trial Settled case
litigati one attainmen procedin case
on t g
convicted acquittal discharge otherway

Nari o 1058 51 1109 25 08 02 35 1074


shishu

Child 130 11 141 01 01 140

Huma O7 01 08 08
n
traffic
king

Court 399 83 482 82 82 400


petitio
n

total 1594 146 1740 26 08 84 118 1622


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.
 Table Consolidated data from Nari-o-Shisu Nirjatan Daman Tribunals
of comilla
Nari o Shishu Nirjatan Daman Tribunal No.3

Courts Brought to trial Disposed of pending

Nari o shishu 568+365=933 246 682

Court petition 259+444=703 358 342

Shishu case 133 03 127

Human 04 00 04
trafficking

Grand total 1773 607 1155

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

Class of The attainme Number This month settlement Total Pending


litigatio previous nt Of Settlem cases
n one pending ent of
cases convicte acquittal Dischar other cases
d ge
Nari o 682 49 731 14 20 34 697
shisu

Court 342 64 406 33 25 60 346


petition

Child 127 03 130 01 01 129


cases

Human 04 02 06 06
trafficki
ng

Total 1155 118 1273 14 54 25 95 1178


Cases

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

Court of 128 1033 1161 570 570 591


petition

Child 250 250 32 01 33 217


case

Human 08 08 08
trafficki
ng

total 1665 1922 3587 03 578 288 595 1464 2123

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 Anwar Hossain vs State109, the conviction and sentence imposed on the


accused appellant by the trial court was also set aside by the HCD because there
was no sufficient evidence of the woman being taken away forcibly for the
purpose of intercourse. The statements of the prosecutrix could not be
corroborated by other witnesses in material points.

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.

In State vs. Sadequl Islam111, lack of evidence contributed in setting aside of


the conviction. The Appellate Division observed that the charge was initially
framed against the accused u/s 11 of the Nari-o-Shishu Nirjatan Daman Ain,
2000. The Prosecution case was about killing of the victim in the demand of
dowry. Defense case was that, the victim committed suicide out of frustration.
Conviction and sentence passed by the Trial Court were kept intact by the HCD.
The AD, however, set aside the conviction and sentence with the observation
that,it appears that the prosecution failed to prove the demand of dowry and
could not prove the presence of Sadequl, the accused in the house during
occurrence.

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

1.insufficient police investigation


2.harshness of punishment
3.case backlog
4.weakness of presentation of case by the prosecution
5.lack of proper and adequate evidence
6.filing of false cases
7.out of court settlement
8.technicalities of the act

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.

Ahsanul karim says that,


We should do something in the tribunal so that we can realize the actual party in
the tribunal before filing the case, also we first determined the mind cooperative
for other than we can develop the actual rate.

Fazle hasan abed says that,


lack of evidence as a reason for low conviction rate in the tribunal. And the
qualitative data points out that among all types of evidence, medical evidence is
mostly unavailable or if available, appear as false and fabricated in many cases.
The unavailability of medical evidence occurs either because the doctor or
medical officer cannot be found or they do not cooperate. Medical examinations
are also not executed in a timely manner. This lead to delay in the examination
of witness and trial. The offence that is mostly affected by inadequate medical
evidence is rape. Another interesting point that has been found is that the
evidence of false witnesses hampers the trial proceeding for this reason we saw
the huge backlogs.

 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

5.2 CASE-STUDIES FORM THE NARI-O-SISHU TRIBUANL COMILLA:


The following brief case studies of the Trial Courts judgments show how, some
of these reasons,

lack of evidence, out of court settlement, filing of false case results into the
order of no-conviction.

1.Nari-o-Shishu Mamla No. 84/2011: Comilla. This case on sexual harassment


had been logged before the court due to non-taking of the case by police. Based
upon the investigation of female vice chairman of Comilla Sador (South) the
case had been formally appeared before court under the section 10/30 of the
Nari-o-Sishu Nirjatan Daman Ain 2000. But during trial, the plaintiff didn‟t
present the required testimony and other documentary evidences in support of
their complaint. They presented only one witness who was considered
insufficient by the court as the witness could not confirm the involvement of the
accused persons. Moreover, the plaintiff subsequently informed the court that
they were not willing to continue the case. Finally, the case was dismissed.
Date of judgment: April 06, 2015.

2.Nari-o-Shishu Mamla No. 124/2010: Comilla. Due to the rejection from


police, the case was filed at the court. The case was on the demand of dowry
and consequent physical torture by the victim‟s husband and in-laws. On
direction of the court, after police investigation the case had been appeared
before court under section 11(c)/ 30 of the Nari-o-Sishu Nirjatan Daman Ain
2000. During trail, the plaintiff didn‟t present sufficient witness and other
essential evidences to support her complain. Moreover, at one stage of the trail,
the victim formally informed the court that the complaint against husband was
not rather the case was due to misunderstanding with her husband. The case was
dismissed. Date of judgment: February 08, 2015.
3.Nari-o-Shishu mamla no. 199/2013: Comilla. Under section 9(4) (b) of the
Nari-o-Sishu Nirjatan Daman Ain 2000 the case was logged at the tribunal. The
case was on sexual harassment and attempt to rape. During trail, only two
witnesses were present but evidence provided by them was regard insufficient
and irrelevant by the tribunal. Moreover, the victim as PW-1 and her husband as
PW-2, formally informed the court that issue of the case was not true, rather,
they had been persuaded by other family members to file the case. Finally, the
case was dismissed. Date of judgment: April 06, 2015.

4.Nari-o-Shishu Mamla No. 460/2012: Comilla. As a result of the rejection


from police, plaintiff filed the case at the tribunal under 11(c)/30 of the Nari-o-
Sishu Nirjatan Daman Ain 2000 on accusing her husband Md. Manik Miah for
dowry and torture. In support of their complaint, the plaintiff presented only two
witnesses but the court did not find anything truthful to go against the accused.
Moreover, the plaintiff, Aklima as P.W-1 and her father as P.W.-2 formally
informed the court there had nothing had happened, it was only family quarrel
between husband & wife. Finally, the case was dismissed.

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;

 No provision for out of court settlement.

 If the victim (girl) belongs to a reputed family, often they hesitate to


come forward with a case due to social prestige hence out of Court
settlement occurs

 Threat might play a factor but not always

 Monetary compensation is a factor.

 Social barrier play a major role in out of Court settlement

 Sometimes the victims file false cases to harass the husband in which
case out of Court settlement occurs quite often

 In case of lengthy proceedings, the victim gets reluctant to proceed with


her case so she agrees to out of Court settlement.

 Heavy workload of the judge.

 Non-appearance of the witness.

 Backlog of cases is a reason for delay in trial.

 Coordination among the justice sector agencies should be enhanced.


 More Nari-o-Sishu Tribunal can be established. Judges should be
appointed at the tribunal where there is no judge.

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.

Although section 17 of the Nari-o-Sishu Nirjatan Daman Ain provides


punishment for filling of false cases, the findings of the tribunal visits reveal
that most of the cases filed under this Act are false and fabricated. These cases
are filed to take revenge out of personal enmity or to satisfy proprietary interest
or to get redress for other grievance against the accused. Sometimes, law
enforcing agency, particularly the investigating officer is also involved in such
instances.
From the analysis of the quantitative and qualitative data collected from the
justice sector agencies of the Nari-o-Sishu Nirjatnan Daman Tribunals of
Dhaka, Comilla and Pabna it is now evident that conviction rate in the violence
against woman and child cases under the Nari-o-Sishu Nirjatan Daman tribunal
is extremely low.
The hypotheses that imply the reasons for this low conviction rate also have
been appropriately confirmed by the data analysis. In addition to those
hypotheses, the judgments of the Supreme Court, however, significantly
observe some important reasons for low conviction rate including the non
application of judicial mind by the trial court.
Over the years, this is exhibited thorough impropriety, legal infirmity, and lack
of sound reasoning in the trial courts decision, excessive use of jurisdiction by
the trail court, framing of wrong charge by the Tribunal, and inappropriate
procedure of trial. This research, therefore, concludes by contending that while
all the reasons as mentioned in the hypothesis are the underlying reasons, non
application of judicial mind by the trial court undeniably adds an important
factor that is responsible for the low conviction rate in the violence against
woman cases.
Based on the suggestions of the justice sector agencies, and analysis of relevant
judicial decisions and literatures, this research recommends as follows ;
 The key justice sector agencies who are entrusted with the duty to collect
and present the evidence before the court, police officers, medical
officers, and public prosecutors should be more concerned about the
rights of the victims and their corresponding duties.
 More senior, experienced and knowledgeable persons should be
appointed as the Public Prosecutors of the violence against woman and
child Tribunals.
 The public prosecutors should not be negligent and should be more
cooperative to the victims.
 There should be strict legal accountability mechanism for the public
prosecutors.
 To prevent the abuse of justice, harshness of the Nari-o-Sishu Nirjatan
Daman Ain 2000 is suggested to be mitigated by the justice sector
agencies.
 To minimize the rate of filing of false cases, the trial court should be
more cautious in taking cognizance of an offence and should take
recourse to section 17 of the Nari-oSishu Nirjatan Daman Ain 2000 to
punish anyone who files a false case.
 It is found that although there is no provision for out of court settlement
in the 2000 Act; judges allow it as the least worst option when in a case
the victim herself is unwilling to continue the case. In this context, strict
application of the Act can improve the current situation.
 A coordinated effort among all the justice sector agencies, establishment
of more Nari-o-Shishu tribunals, and appointment of judge at the tribunal
where there is no judge can reduce case backlog.
 In addition to the suggestions made by the justice sector agencies during
the field visits of this research to curb the low rate of conviction, some of
the judgments of the Supreme Court demonstrate that judges of the
tribunal are expected to apply their judicial mind while dealing with the
Violance against women and child cases under the Nari-o-Sishu Nirjatan
Daman Ain 2000.
 The provisions of punishment in the Nari-o-Shishu Nirjatan Daman Ain
2000 should be revised. Harsher punishment cannot mitigate the offence
rather may result into a low rate of conviction in the Violance against
women and child cases. Punishment for the offences Violance against
women and child should, therefore, be proportionate to the gravity of the
offence.
 The Nari-o-Shishu Nirjatan Daman Ain 2000 should provide for a wider
space of discretion of the Judges for sentencing the offender.
 Medical evidence collection process for the Violance against women and
child cases should be more women friendly and appointment of lady
doctors for this purpose is strongly recommended.
 Record keeping of the violence against woman and child cases should be
smarter. Recourse of modern technology may be taken. A paperless
judiciary is highly recommended in this regard.
 Creating awareness about legal aid should be emphasized. It should
however, be made clear that by identifying the level and reasons behind
low conviction rate in the violence against woman and child cases, this
research in any way does not advocate for the conviction rate to be high,
rather, it expects for a proper administration of justice that aims to uphold
the rights of the poor and marginalized victims of the violence as
envisioned in the Act of 2000.
Through quantitative and qualitative data analysis, a number of inconsistencies
are identified in this research in the specific legislations namely, the Nari-o
Shishu Nirjatan Daman Ain 2000,.
This research could not find any provision in these legislations to be directly
contradictory to any other provision. However, a number of provisions are
identified which require more clarification or little amendments so that they can
operate harmoniously without creating confusions.
There is overlapping in the subject matters dealt by these four specific violence
against woman and child legislations. Dowry related offences are partly dealt in
the Nari-o-Shishu Nirjatan Daman Ain 2000 and partly dealt in the Dowry
Prohibition Act 1980. Bail granting power in the GR cases till the completion of
investigation under the Nari-o-Shishu Nirjatan Daman Ain 2000 should be
expressly conferred by this Act. It is observed by the Supreme Court of
Bangladesh in a number of cases that the special Tribunals constituted under the
Nari-oShishu Nirjatan Daman Ain 2000 often goes beyond their jurisdiction in
trying the cases violence against woman and child.

6.2.Recommendation

The Tribunals have been found committing misconstruction of law both


procedural and substantive at several instances. Following are the
recommendations to find out an effective solution to this problem-
 All the offences related to dowry should be dealt comprehensively by any
single legislation either by the Nari-o-Shishu Nirjatan Daman Ain 2000
or by the Dowry Prohibition Act 1980.
 The definition of Dowry given in the Nari-o-Shishu Nirjatan Daman Ain
2000 and in the Dowry Prohibition Act 1980 should be made uniform.
Currently, different terminologies are used in these two legislations to
define Dowry.
 The definition of Child given by the Nari-o-Shishu Nirjatan Daman Ain
2000 and the Domestic Violence Act 2010 should be made consistent. At
present, these two legislations prescribe two different categories of age
limits to define “Child”.
 Bail related provisions in the Nari-o-Shishu Nirjatan Daman Ain 2000
should be made more clarified. The Nari-O-Shishu Nirjatan Daman
Tribunals should be conferred with the bail granting power from the very
beginning of the proceeding be it a Complaint Registered case or a
General Registered case.
The recommendations given above being non-exhaustive, present research
suggests that the data collected and presented in the work as well as the legal
analysis made may be a basis of work in the future.

Chapter. 7
Bibliography

LIST OF BOOKS AND ARTICLES


1.Ameen, Nusrat, „Law and the States Response towards Violence against Women(2000) 4
Bangladesh Journal of Law 27
2.Chowdhury, Jamila A, „Womens Access to Fair Justice in Bangladesh: Is Family
Mediation a Virtue or Vice‟ in Chowdhury, Jamila A, „Legal Aid and Women‟s access to
Justice in Bangladesh‟ (2012) 1 International Research Journal of Social Sciences 8
3. Hossain, Kazi T and Muhammad Hasan Imam (eds), Males’ Perception on Violence
against Women in Bangladesh (British Council, Dhaka, 2001)
4. Cresswell, John W, „Research Design: Qualitative, Quantitative, and Mixed Methods
Approaches‟ (Sage Publications, 2009)
5. S.M. Atia Naznin and Tanjina Sharmin, The Research Report of the VAW Project, BRAC
University, “Reasons for the Low Rate of Conviction in the VAW Cases and Inconsistencies
in the Legislative Frameworks”, BRAC University Press, 2015
6. National Human Rights Commission of Bangladesh, Perceptions, Attitudes and Understanding: A
Baseline Survey on Human Rights in Bangladesh (Final Report, October 2011)
7. Chowdhury, Elora H, „Negotiating State and NGO Politics in Bangladesh: Women Mobilize
against Acid Violence‟ (2007) 13 Violence against Women 857
8. . Farouk, Sharmeen A, „Violence against women: A statistical overview, challenges and gaps in
data collection and methodology and approaches for overcoming them‟ (2005) Expert Group
Meeting, UN Division for the Advancement of Women in collaboration with Economic Commission
of Europe and World Health Organization, Switzerland 11-14
9. Hossain, Kazi T and Muhammad Hasan Imam (eds), Males’ Perception on Violence against
Women in Bangladesh (British Council, Dhaka, 2001)
10. Jahan, Roushan, „Hidden Danger: Women and Family Violence in Bangladesh‟, Women for
Women (Dhaka, 1994) 165.

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

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