The High Court yesterday wanted to know what steps have been taken by the government to cancel the provision of the Evidence Act, which allows questioning the character of rape victims in court.

The court ordered the government to submit a report on the steps to repeal section 155(4) of the Evidence Act, 1872, before it on January 4.

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Section 155(4) 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”.

The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the order while hearing a writ petition that challenged the legality of two sections of the Evidence Act, which allow questioning the character of rape victims.

The bench adjourned the hearing and fixed January 4 for its resumption.

Bangladesh Legal Aid and Services Trust (BLAST), Ain O Salish Kendra (ASK) and Nari Pakkho submitted the petition as public interest litigation on November 14, seeking the cancellation of sections 155(4) and 146(3) of the act.

The HC, in the order, also added that the government may reconsider the amendment of section 146(3).

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

During hearing yesterday, Attorney General AM Amin Uddin told the HC that the government has decided to repeal section 155(4) of the Evidence Act and has already prepared a draft in this regard.

Petitioners’ lawyer Sara Hossain argued before the HC bench saying that rape victims are being harassed and discriminated against due to the two sections, which are contradictory to the constitution.

As the guardian of the constitution, the HC may issue a rule questioning the legality of the sections of the law, she said.

Sara Hossain also appreciated the government for its initiative to amend section 155(4) of the act.

Lawyers ZI Khan Panna, Sharmin Akther Sheuly and Shahinuzaman Shahin also appeared for the petitioners, while Deputy Attorney General Bepul Bagmar represented the state during the hearing.

On June 30, Law Minister Anisul Huq told parliament that the provision to question the character of a rape victim in the court will be removed from the Evidence Act and the government is working in this regard.



Questioning Rape Victim’s Character: What has been done to repeal provision?
Source: Trend Viral Philippines