EDITORIAL : THE DAILY STAR, BANGLADESH

           

 

Misuse of legal instruments

Do not distort the law

Much As we abhor the idea of hartal and general strikes, it still happens to be a political instrument which has not been outlawed by the court as yet. And to the extent that the strikers are exercising their rights peacefully and without encumbering others who want to go about their business without let or hindrance, they must be allowed to exercise that right.

In this context we feel strongly too that it is for the government and the administration to ensure the safety and security of persons as well as private and public property. But seeing the police in action over the last 36 hours of the hartal called by the BNP, it appeared that the government is unwilling to give any political space to its opponents at all ostensibly for the sake of law and order. The police, we feel, have been rather proactive, to the extent that even journalists were barred from performing their professional duty in certain instances.

While violence in certain areas of the capital on the evening of 11 June must be condemned most strongly, and we wonder why none of those that perpetrated violence that evening has been hauled up as yet, denying the BNP the right to hold meetings or bring out processions is abnegation of their fundamental rights. And the justification the government has offered, that it is to preempt violence that such measures have been taken, only exposes its hardline attitude towards its opponents.

We are also constrained to say that the way the provisions of mobile courts were applied during the hartal is distortion of the law. It is alleged that innocents are being caught up in the tangle. As far as we know, meetings, processions and gatherings have not been banned, nor do we know of Section 144 being imposed in any part of the country. Under these circumstances the pretext of arrests of people, some of whom are not even party cadres, does not wash with the public. Let the legal experts dwell on its legality, but as far as we are concerned, a mechanism that does not allow one the chance to plead one's case, carries the risk of being misused, as has been the case this time.

Domestic violence

Stern action a must

The recent case of a teacher of Dhaka University being physically assaulted by her husband has caused public outrage among members of civil society. On its heels has come the story of another woman beaten to death by her husband following an argument between the couple -- one of many stories which make the news every day, and one of several which don't.

Bangladesh ranks one of the highest in the world with respect to violence against women and, in terms of domestic violence, 50-70% of women in the country report being abused by their male partners. This is despite there being ample laws prohibiting violence against women, including domestic violence.

The causes of domestic violence identified range from sexual inequality within a patriarchal system, poverty and a lack of understanding of women's rights to, alarmingly, corruption within the justice system. Many cases of domestic violence go unreported; the majority of them are not brought to court; few are awarded convictions. Experts have expressed concern over the fact that a culture of acceptance, even, has grown and is being transmitted from generation to generation to the point of being institutionalised.

Domestic violence is not a private affair -- it has damaging repercussions throughout the rest of society which is taught to accept the subjugation of women. Educating and empowering women is key in helping them to understand and fight for their rights; however, these rights must also be respected by society and the culture of tolerance towards violence broken. Until and unless there is a change in the social mindset, strict enforcement of the law may be the only way to prevent such crimes. We urge the government and the justice system to deal sternly with such crimes and mete out exemplary punishment in order to eliminate these crimes.