Camera Trial: Necessity for Protecting Women’s Right
Mansur Ali
Women are the half of our total population. They have many rights assured by our supreme constitution. But it is observed that, in every sphere of our social life, the rights of women are being violated. In modern society, there have many offences committed against women, such as, rape, acid throwing, dowry, trafficking, ransom etc. From the mentioned offences, rape is very sensitive and exactly a curse in our society .Now it should be made clear that what’s rape and in which grounds rape may be committed.
What is Rape?
Rape is an unlawful sexual intercourse committed by a man with woman (not his wife) through force and against her will. Rape also includes sexual intercourse with or without consent of a girl, when she is less than fourteen years of age; or with her consent, when the man knows that the woman is not his wife but the woman believes that the man is her husband; or with her consent, when her consent has been obtained by putting her in fear of death or of hurt.
Punishment for Rape
1) If any person rapes a woman or a child then he shall be convicted for life-term rigorous imprisonment and in addition shall be fined.
2) If any woman or child dies for the activities of the rapist then the rapist shall be convicted for death sentence or rigorous imprisonment for life-term and in addition shall be fined up to taka one lakh.
3) If more than one person commit the offence collectively or rape to any woman or child and that very woman or the child dies then everyone of the group shall be convicted for death sentence or rigorous imprisonment for life-term and in addition shall be fined.
4) If any person -
a) Attempts to cause death or injure any woman or child he shall be convicted for life-term rigorous imprisonment and in addition shall be fined.
b) Attempts to rape, then that person shall be convicted for up to ten years but not less than five years rigorous imprisonment and in addition shall be fined.
5) If any woman is raped in police custody then that person or those persons who were directly responsible for the safe custody of the woman, he or they shall be convicted up to ten years and not less than five years and in addition shall be fined.
Judicial process of rape case:
Actually, whether a woman or a girl is raped or not is very difficult to prove in the trial, because in most cases it doesn’t have any direct evidence. So it is proved only by the oral evidence of the victim. For this purpose the lawyers of the accused person make complicated questions and the victim is bound to express her sexual story in the court. When the trial is going on, the court room is filled with people. They eagerly listen the sexual story of the victim and the victim feels very confusion to express herself. The whole process is very embarrassing, shamefaced and private. For protecting the victim’s privacy ‘trial in camera’ is necessary.
What is camera trial and why is it necessary? :
Camera trial is a very recent innovation of our statutory law. Sec. 20(6) of “Nari O’ Shisu Nirjaton Daman Ain, 2000” enumerates that
“The tribunal may, due to any application of any person or on self discretion of the tribunal, if the application is deemed to be granted, conduct the trial in camera under the provisions of Section 9 of this Act.”
Here the ‘camera trial’ means, when a judge wants to take evidence in his own room or closed-door ‘Ejlas’. Then only victim, accused and lawyers of the both side will exist in the room. The camera trial helps a raped woman to express her opinion frankly. In this ambience, she feels comfortable and expresses herself very accessibly.
The section 20(6) of “Nari O’ Shisu Nirjaton Daman Ain, 2000” is a milestone for assuring the right of a raped woman. Lawyers should come forward to making the section effective. Hence, it is compulsory duty of the government to provide or serve ‘camera trial’ in favor of a raped woman. Public Prosecutor (PP), appointed by government, can come forward to actualizing this very section for the greater purpose of the raped woman.
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