Three rights organisations yesterday filed a writ petition with the High Court challenging the legality of two sections of the Evidence Act that allow questioning the “character” of rape victims.

Bangladesh Legal Aid and Services Trust (BLAST), Ain O Salish Kendra (ASK) and Naripokkho submitted the petition as a public interest litigation — seeking cancellation of sections 155(4) and 146(3) of the Evidence Act, 1872.

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In the petition, they said the sections, which permit the questioning of women and girls regarding their character, are discriminatory, arbitrary, a violation of fundamental rights to equality, freedom from discrimination on the grounds of sex and detrimental to their reputation.

Section 155(4) of the act says, “When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character.

“Explanation — A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence.”

According to section 146(3), “When a witness is cross-examined, he [she] may, in addition to the questions hereinbefore referred to, be asked any questions which tend — to shake his [her] credit, by injuring his [her] character, although the answer to such questions might tend directly or indirectly to criminate him [her] or might expose or tend directly or indirectly to expose him [her] to a penalty or forfeiture.”

Petitioners’ lawyer Sara Hossain told reporters that the two sections allow questioning and cross-examination of the rape victims’ character and history, which are contradictory to their fundamental rights.

While movements are continuing for scrapping of the sections, no step has been taken yet and therefore, the writ petition was filed with the HC for necessary directives, she added.

The court is yet to schedule a date for a hearing.



Petition seeks cancellation of two sections of Evidence Act
Source: Trend Viral Philippines