A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

Al-Amin and 5 others v The State (Bangladesh)
Commentary
This case is positive for women in Bangladesh. The decision <strong>of</strong> the Supreme Court
in this case clearly focused on the effect <strong>of</strong> rape on a woman, and, in particular, the
difficulties faced by a woman when reporting a sexual crime, and participating in any
subsequent trial. The Court criticised the male-dominated criminal justice system
and in particular the failure <strong>of</strong> the State to lodge an appeal against the acquittal on the
charges <strong>of</strong> rape in the Trial Court.
The case recognised that in a tradition-bound non-permissive society, such as exists
in Bangladesh, a woman may be extremely reluctant to admit that she has been raped
as it will damage her own reputation, and the reputation <strong>of</strong> her family. Consequently
when she does report a rape, her testimony should be taken extremely seriously, as
no woman or girl <strong>of</strong> honour would want to bring shame to her name or to her family,
by falsely testifying to being raped.
The Court confirmed that it is the duty <strong>of</strong> the legal system to recognise these difficulties,
and to ensure that women are treated with compassion and fairness when sexual
crimes are investigated and prosecuted. Further, some <strong>of</strong> the recommendations <strong>of</strong>
the judges were reflected in the subsequent enactment <strong>of</strong> the Suppression <strong>of</strong> Violence
Against Women and Children Act 2000 indicating the significance <strong>of</strong> the judgment
for Bangladeshi women.
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