Acid attacks In Bangladesh
Various kinds of violence against women are common in Bangladesh, especially acid violence which has become an everyday phenomenon in Bangladesh society. People are used to looking at acid-thrown faces in the leading print and electronic media. It has not been ascertained how and when acid violence took root in Bangladesh, but from newspapers we have learnt that the first reported incident occurred due to refusal of a proposal in the 1960’s. Unfortunately it was not recorded officially. Later, when a popular folk-drama (jatra) artist was disfigured by acid in the 1980’s, the newspapers took up the issue and created a wide stir. In the last two- decades, acid attacks on women in Bangladesh have been growing at an alarming rate. While men, too, have been victims, most cases still involve women. This is also a reflection of a patriarchal society. As a result of a long-run movement of women organizations finally in 2002, the Government of Bangladesh introduced two laws, namely the Acid Crime Control Act and the Acid Control Act. These two acts aim to control acid use and prevent acid violence.
Acid attacks are another prevalent form of violence that may well be a phenomenon unique to Bangladesh (there are anecdotal reports of a few cases of such assaults from other parts of the world). The first documented case of acid attack usually occur when men want to take revenge for the refusal of proposals for sex or marriage, or when demands for dowry are not met or when there is a political clash. Usually acid is thrown on the face of a girl or women with the aim of damaging her appearance in order to destroy her marriage prospects or on sexual organs (as observed among acid burn cases dealt with by Naripokkho)[1].
By and large it is used as a weapon to attack women; however men are also sometimes subject to acids attacks.
Other causes of acid throwing include family dispute, protest of husband’s second marriage, failure to misappropriate of wife’s wealth, sterility, and getting divorce from wife, failure to kidnap.[2]
From case studies and interviews with experts (in Naripokkho’s work with acid violence) in the area of redress it can be summarized that illegal sale, cheap and easy availability of acid in any roadside shop is considered an important factor contributing to the practice of acid throwing. Impunity, protection of criminals by the politically powerful, and the information about the possibility of assaults others with acid are probably the chief reasons behind the increase in the incidences of acid assaults. Lack of proper infrastructure and transport facilities is a factor that makes acid violence all the more harmful. Many cases of acid violence occur within the women’s own home at night. In rural areas or even in urban slums, houses are mainly made of bamboo and thus they can easily be broken. Such insecurity in the place of residence makes women more vulnerable to attacks by men in their area. It has been mentioned that in many cases the acids is aimed in women’s vaginas. This is achieved because shared toilets are located at a distance from the houses. Either they are attacked are attacked in the toilets or acid placed in the water they use to clean themselves with.[3]
According to a study 2610 cases of acid attack were reported in Bangladesh in 2000. This was a per capita incidence of about 11/15 of that of the entire world, which has the highest incidence rate as well as the highest number of acid attacks cases in the world. However, the absolute no of cases was approaching those of Bangladesh[4]
The Acid Crime Control Act 2002 is particularly pertinent to this research. It is intended to robustly control acid crimes. It is one of the measures against acid violence in Bangladesh context. Through this act the government wants to ensure the legal justice for victims. According to this act, the government is also committed to eradicate this form of violence. The main components of this act are:
Definition of this act: – Unless otherwise described by sentences, in the Act-
1. “ Crime “ will mean as any offense punishable by this act;
2. “Acid” will mean any corrosive, burning or poisonous chemical;
3. “Tribunal” will mean a Tribunal set up under this act;
4. “ Criminal Procedure” will mean the Code of Criminal Procedure 1898(Act v of 1898);
5. “High Court Division” will mean High Court Division of Bangladesh.[5]
This act also provides that: The maximum sentence for acid throwing is the death penalty;
- All crimes under this act will be cognizable, non-compoundable and non-bail able;
- A tribunal has to complete the whole trial within ninety days of receiving the first written instruction;
- Once a Tribunal starts hearing a case, the hearing will continue every working day until it finishes;
- Investigation of any crime under this act must be completed by a police officer within thirty days of being informed or being ordered by a magistrate;
- The defendant can appeal against a decision or order or punishment given by the Tribunal to the High Court Division within sixty days of the date on which it is given;
- If someone assists/helps to commit the crime of acid throwing, he/she will receive the same punishment/ penalty as the perpetrators.[6]
Acid violence cases are also prosecuted under the criminal judiciary. There are Special Courts established under the Acid Crime Control Act 2002. The act provides for setting up of a special court in each district. Actually these courts can be compared with courts of special jurisdiction under the Special Power Act 1974. In 1983 there was another ordinance as mentioned before, to control oppression and violence against women called “Cruelty to Women (Deterrent Punishment) Ordinance”. Special tribunal courts established under the Crime Control Act 2002 must follow a similar procedure to those governed by the Special Power Act 1974.[7]
Acid Control Act 2002 was passed in order to prevent the misuse of acid as a corrosive substance and to provide legal support for acid victims. Therefore, it was intended to provide acid victims with access to legal assistance. Article 8 of this act, mentions its purpose.
There are strengths and weakness in this law. It was hoped the Government of Bangladesh for the first time would take responsibility for particular incidents. Under this act the Council will provide all legal assistance for acid victims. If a victim applies to the District Committee for legal assistance then the Committee can appoint a solicitor for that particular case.
Recently, Action Aid Bangladesh has done research work about the role of the Acid Control Council. AAB mentions in its report, out of six, only two district level Acid Control Councils have been formed (Action Aid Bangladesh, 2004). We can therefore assume that at the lowest levels this administrative mechanism and level of understanding is not working yet. There is also a vital question as to how the Committee will procure funds for activities. There is nothing clearly mentioned about this in the legislation.
At the same time the government did not provide any funds from other sources. Most of the government mechanisms such as District level Acid Control Council are totally controlled by bureaucrats. There is no provision to include any NGO representative. At the district level, government officials always like to maintain a distance from the people.
It has been a problem with Bangladeshi bureaucrats since the colonial period. The government did not provide any logistic support to the District Committee.
Therefore, the District Committee cannot do anything for acid victims. Ultimately, they do not have any responsibility for victims.[8]
However, the Acid Crime Control Act is not effective yet. As result of flaws and lack of existing mechanisms, perpetrators do not get punished. The impunity is not only rooted in acid violence also exist in the present social system. The issue of impunity did not rise at recently. It is by- product of Bangladesh’s social systems. During the field study only two out of twelve acid survivors interviewed received legal judgments from the court. In the other ten cases, perpetrators went unpunished. If there is no punishment after the incidents or no prosecution under the criminal justice system, then the victims and their families will be vulnerable. Moreover, impunity will encourage the perpetrators to carry out more violence against women in the society, thus preventing the law from acting as a deterrent. Any kind of violation of rights concern issues of human rights. As mentioned, the Constitution of the People’s Republic of Bangladesh, Part- 3 fundamental rights under the Article27 ensured the ‘right to legal justice.’[9] Following the Acid Crime Control Act 2002, acid crime related cases should be prosecuted under the ‘Acid Crime Control Tribunal.’[10]
Finally I would like to conclude that There is a need to establish social monitoring mechanisms (through a local office or agency like Human Rights Watch groups) for monitoring police stations and courts to reduce the negative and disrespectful attitudes of police and court officials towards women’ especially in acid violence cases. Such cases would be assisted by the appointment of at the same time government officials who deal with the criminal cases need gender sensitivity training. The Government should take measures to reduce the interference of traditional judiciary. For example, the government can ensure that violence against women, especially acid violence do not interfere with traditional arbitration systems. There is some regulation but it is not adequate to check the interference of traditional institutions. Government initiative towards stopping acid violence ‘Acid Crime Control Act 2002’ is generally considered to be sound. However, intimidation during the prosecution, lack of investigation and evidence, lack of professionalism in the Public Prosecutor office, corruption, and problematic medical reports prevent it from being properly implemented. The Government establish a separate monitoring cell under the National Acid Control Council for investigates and follow-up the result of all acid violence cases. Non-government organizations can cooperate with the National Council to establish this monitoring cell. It is also helpful for the effective coordination of government and non-government organizations those are dealing this issue.
References :
“Acid throwing situation in Bangladesh 2004”AcidSurvivors Foundation, 2005, <http://www.acidsurvvivors.org/helps>
Bangladesh Gazette 2002, Bangladesh National Parliament, Bangladesh Government Press, Dhaka.
“Bangladesh: surviving acid attacks”, 2004, Cida Update, April 2004, viewed <http://www.acid-cida.gc.ca/cida_ind.nsf/vprintnewsRelease/En>
“Combating acid violence” 2001, Pamphlet, Naripokkho, Dhaka.
Mick,H.2004, Acid attack in Bangladesh, CBC News<www.cbc.ca/news/viewpoint/vp_binks
The Constitution of the People’s Republic of Bangladesh 1996, The British Council Bangladesh, Dhaka.
Chowdhury, E. H., The limits of transnational organizing: the success and failure of the campaign against acid violence in Bangladesh, www.adhunika.org/issues/AcidViolence_EHC.html
Ahmed, I (ed.) 2004, Women, Bangladesh and international security methods, discourses and politics, University Press Limited, Dhaka.
Acid Attacks: Bangladesh’s Efforts to stop the Violence, Jordan Swanson, Harvard Health Policy Review Archives, Spring 2002; Vol 3, N0 1
| Online references | |
| www.banglapedia.com | |
| www. wikipedia.com | |
| www.mukto-mona.com | |
| The New Nation Internet Edition. | |
| Stanford encyclopedia of philosophy |
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[1] Baseline Report on Violence Against Women in Bangladesh Prepared by Naripokkho and Bangladesh
Mahila Parishad and coordinated by IWRAW Asia Pacific.
[2]Ahmed, I (ed.) 2004, Women, Bangladesh and international security methods, discourses and politics, University Press Limited, Dhaka.
[3] Compiled by Ain-O-Shalish Kendra Documentation Unit from Ajker Kagoj, Bhorer Kagoj, Sanbad,
Ittefaq, Janakontha, Inqilab, Muktakantha and Daily Star.
[4] Acid Attacks: Bangladesh’s Efforts to stop the Violence, Jordan Swanson, Harvard Health Policy Review Archives, Spring 2002; Vol 3, N0 1
[5] Altschuller, S. 2002, Rights and challenges for women, Ain O Salish Kendra, Dhaka.;Aquino, N. 2002, “A woman’s nightmare (acid-throwing in Bangladesh)”
[6] Aquino, N. 2002, “A woman’s nightmare (acid-throwing in Bangladesh)”. ; Altschuller, S. 2002, Rights and challenges for women, Ain O Salish Kendra, Dhaka.;
[7] Baseline Report on Violence against Women in Bangladesh,2002,p32
[8] Bangladesh Gazette March , 2002, Published by Bangladesh Forums and Publications Office, Dhaka.
[9] Constitution of the people’s Republic of Bangladesh, Article 27’All citizens are equal before law and are entitled to equal protection of law’
[10] Bangladesh Gazette ‘ Brief Title Acid Crime Control Act’ Article23(1)