I just read a recent article in The Daily Star from Bangladesh. It’s about another rape victim who ended up being caned while the rapist walked away free.
The rape took place in April last year at Khargor of Kasba upazila in Brahmanbaria in Bangladesh. A 16-year old school girl was on her way to Sathgram Advocate Haroon-or-Rashid High School when she was raped by 20-year old Enamul Mia of Gabbari.
The girl was too ashamed and too afraid to lodge a police report against the rapist. By the time the family discovered the rape, she was already pregnant. In a desperate bid at damage control, the family managed to marry her off to a man in the neighboring village of Ghatiara. But a month after the marriage, the husband became suspicious at her rapidly ballooning belly. A medical examination quickly established the fact that she was 7 months pregnant!
So the outraged husband promptly divorced her. With no place to go, she returned to her father’s place. She then underwent an abortion. But now the whole saga had become public knowledge.
On January 17 this year, about 8 months after the rape, an influencial group of matabars (village elders) led by Manik Mia decided to form a so-called arbitration meeting at the father’s place. The arbitration council included 2 imam from neighboring mosques).
The press report stated that at one stage of the inhuman torture, the girl collapsed and fainted. She regained her sense after two hours.
In any event, the village arbitration council found the girl guilty of illicit sex resulting in pregnancy (ignoring that it is from a rape) and issued a fatwa (religious edict) for her to be given 101 lashes of the cane. Village matbar Delwar Hossain alias Ullashi executed the durra (lashes) on the same day, January 17.
Furthermore, the arbitration council also fined the victim’s father Tk 1,000 and issued another fatwa that her family would be forced into isolation and branded an outcast if he failed to pay up. The father said that the family is being watched to prevent them from seeking legal advice.
But did the arbitration council do anything about the rapist? The answer is No. The village elders did not even summon rapist Enamul Mia to the meeting. Why? Wahid Mia, a member of the arbitration council said that they did not summon Enamul Mia because he belonged to another village.
So no action is taken against the rapist at all. This amounts to a pardon for the crime of rape. That’s why the girl reacted thus: “I want justice.” She said that Enamul Mia has “spoiled” her life.
And she may well get the justice she wants. Lawyer Mili Chowdhury, leader of a team of human rights activists has now stepped forward to offer assistance. Mili Chowdhury said that their organization would help the girl to file separate caases against the culprits. Presumably this would include both the rapist and the members of the arbitration council. And Md Jahirul Islam Khan, the Officer-in-Charge of Kasba Police Station said that they would take appropriate action if the rape victim files a case with them.
Think about it. Why issue fatwas that do not arise from a proper hearing of the case? Why punish a rape victim who got pregant because of the rape? And why did this so-called arbitration council not summon the rapist? Why let him free while giving the rape victim 101 lashes of the cane?
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