Trigger Warning: Mentions of rape and sexual explicit content.
Bipasha and Polash are engaged for two months now. Their wedding has been delayed due to the pandemic.
Polash could not wait any longer and convinces Bipasha to be intimate with him reassuring her that they will be married eventually. Bipasha was silent in fear.
Immediately, after their intimate encounter, Polash breaks off the relationship saying he only wanted physical intimacy from Bipasha and never actually intended to marry her. Bipasha feels tricked and betrayed.
Can Bipasha take legal actions against Polash?
“I Know, Right Legal Team has the following advice for Bipasha:
This was not consented as Bipasha was silent and in fear and can take legal actions as silence is not consent.
Is this rape?
According to Section 375 of the Penal Code 1860, A man is said to commit “rape”if he has sexual intercourse with a woman under circumstances falling under any of the five following descriptions:
-Against her will.
-Without her consent.
-With her consent, when her consent has been obtained by putting her in fear of death, or of hurt.
-With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
-With or without her consent, when she is under fourteen years of age.
Although consent has not been specifically defined, according to Section 9 of The Prevention of Oppression Against Women and Children Act 2000- Whoever has sexual intercourse without lawful marriage with a woman not being under fourteen years of age, against her will or with her consent obtained, by putting her in fear or by fraud, or with a woman not being above fourteen years of age with or without her consent, he shall be said to commit rape.
Therefore, since consent is not defined in the statutory provisions, there is vagueness surrounding it and it is open to interpretations.
Anila is a fifteen-year-old influencer on social media. She is known for her aesthetic photos in gardens and her quick do-it-yourself videos. She soon started documenting her favourite foods in her regularly visited restaurants. With her quick popularity, her followers connected with her and wanted to know more about her and asked for house tour. Due to popular demands, Anila decided to record her house, including her main door, her room, her views that showed the street she was living in to her twenty thousand followers.
Soon after, Anila started receiving death threats via anonymous accounts. Anila still felt safe around her home and did not think much of it. However, the death threats went straight to her house and she sometimes felt followed when she frequented her favourite café.
What would you do if you were Anila?
Before taking legal actions, here are ways to first prevent Anila’s situation if you have a public platform.
Going Live: If you are in a public place, avoid going live especially if you are a minor (under the age of 18) You never know who might show up. Put up a post for later use.
Sharing location: If you are posting photos of yourself in your own house, or a friend’s house, do not put in a location. It is very easy to click on the location and find your private residence on the map.
Beware when taking photos: When you are taking photos of yourself in your house, make sure that people cannot see your windows or can view your street. Some perpetrators can find someone through a landmark on someone’s street.
Information about school: If you go to school, or know a minor who goes to school, do not put content of yourself or that minor in their school uniform. This helps perpetrators determine which school you or a minor would go to.
Talking to followers: All influencers must engage with followers, but beware of the followers who constantly want to meet you or come over to your house. Do not engage with strangers where you end up telling them about where you live, where you are most of the time, or where your friends live. Never mention location. If you must meet anyone for work purpose, take a guardian if you are a minor, or demand to meet at a very public place that is close to your house and is crowded.
If you do end up getting threats, these are the following actions you can take:
You can call CID Cyber Crime Unit, that provide citizen advice at:
In 2009, an HC bench issued a set of guidelines defining sexual misdemeanours to prevent any kind of physical, mental or sexual harassment of women, girls and children at their workplaces, educational institutions and other public places including roads across the country. According to the directive, disturbing women and children through letters, e-mails, SMS, posters, writings on walls, benches, chairs, tables, and notice boards, and threatening or pressing them for sexual relations constitute sexual harassment and torture. It also criminalised “teasing” women and children through e-mail or telephone. The HC also directed the government at that time to make a law on the basis of the guidelines
Then in 2011, the High Court declared stalking illegal and directed the government to consider the offence as sexual harassment. The court also added that incidents of stalking at any place in the country have to be brought under trial in accordance with the Women and Children Repression Prevention Act. It defines sexual misdemeanour as “any kind of provocation through phone calls or e-mail, lewd gestures, showing of pornography, lurid stares, physical contact or molestation, stalking, vulgar sounds or any display of a derogatory nature”.
Section 503 of the Penal Code 1860
Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause to alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.
Punishment- punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;
Section 509 of the Penal Code 1860
Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Raju’s father tested positive for Covid-19. Within a couple of days, the patient’s health deteriorated and when taken to the hospital, the doctor suggested a type of blood plasma therapy as a form of treatment. The treatment requires plasma of an already recovered Covid-19 patient.
Raju was on a mission to find plasma for his father. As suggested by his family and friends, Raju posted the requisition form, the details of his father’s blood type and his contact number on a group in a social media platform, in the hope to find a quick match.
Soon, Raju felt that his prayers were answered as a person named Kalam called him and assured that he can provide plasma in exchange of money. Raju, without further delay agreed. Kalam sent details of his mobile account. Soon after the money was transferred, Kalam’s phone was turned off and he was nowhere to be found.
Raju continued his search for Kalam while his father’s condition further deteriorated. Raju had to be proactive and hence went ahead to contact the next person who reached out to him as a donor for plasma therapy.
A week later, Raju found out that Kalam was never a Covid-19 patient and has scammed a lot of people.
HOW CAN RAJU AND OTHERS WHO WERE SCAMMED LIKE HIM TAKE LEGAL ACTIONS?
One-way to prevent in getting into contact or deal with a fake plasma donor is by following the health guidelines given in the infographics. Below, other helpful steps include:
Do not pay money if requested by a plasma donor until they agree to show their Covid-19 certificate where they tested positive, followed by two certificates where they tested negative later. The former document is mandatory.
If possible, ask the potential donor to meet the concerned person in the healthcare facility before making a financial deal. The healthcare facility and patient’s doctor will provide a list of the required documents and health eligibility. Some basic information is required such as Blood Group, age, sex, marital status and comorbidity (if any) of the donor. If the donor is a female then further questions are asked related to how many children the donor has. Most importantly, the potential donor’s recent medical history and treatments will also be analyzed by the doctor to make the determination whether the plasma will be suitable.
IMPORTANT INFORMATION TO REMEMBER:
There needs to be a facility of centrifuge in the blood bank where the plasma will be separated from the blood. Plasma is the watery part of the blood and is rich in platelets and other phagocytes and lymphocytes that have the antibody against the SARS COV-2 virus. Also blood without separation can be taken, and before giving the blood to the patient, the plasma can be separated at the hospital in which the COVID patient is admitted. Reputed blood banks in the country include Shandhani, Red Crescent Blood Bank, and others which can be found in the following link https://pedimedicine.com/mobile-no-address-list-blood-donor-bank-dhaka/.
FRAUD?
If the person who called was a fraudster like Kalam and additionally presents a fake Covid-19 positive certificate leading to making the victim pay for the plasma donation promised, then a charge under S415 of Penal Code 1860 can be brought against the perpetrator for cheating.
Kalam can be charged under S416 of Penal Code 1860 as well for cheating by impersonation as he pretended to be someone he is not.
Kalam can be charged under S420 of Penal Code 1860 as well.
COMPLAINT PROCEDURE?
The victim/complainant can file a complaint at the nearest police station. The police will register the case and give a copy to the complainant and investigate the matter further to provide the First Information Report (FIR). Bear in mind that there are no costs involved in filing an FIR. The victim/complainant will not need a lawyer either.
If the police refuse to register the case, the victim/complainant can file the case directly to the concerned Magistrate Court having jurisdiction in the matter.
Punishment?
If ALL charges under S415,416 and 420 are successfully proven, then Kalam shall face a maximum punishment with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Disclaimer:
Convalescent plasma therapy is an experimental treatment that some doctors are using for people with severe coronavirus disease 2019 (COVID-19). No drug has been proved to be safe and effective for treating COVID-19. The U.S. Food and Drug Administration (FDA) hasn’t approved any drugs specifically to treat people with COVID-19. But, people who’ve recovered from COVID-19 have antibodies — proteins the body uses to fight off infections — to the disease in their blood. The blood from people who’ve recovered is called convalescent plasma. Plasma is the liquid portion of the blood. We Do not support nor oppose the use of this therapy, and this therapy should be taken with the advice of a competent medical doctor only.
Information on basic health requirements for blood donors can be found below:
It is the 4th of June, 2020, the headlines in CNN focus on the memorial that is soon to be held for George Floyd, an “African American”, whose death was recorded as a “White” police officer brutally knelt on his neck and right before he breathed his last, he repeatedly uttered the cry for help with the words, “I can’t breathe”.
As reported on 3rd June 2020, all 50 states in America have demonstrated protests against this brutal killing while social media is flooded with hashtags of #blacklivesmatter, #blackouttuesday. While through precedent it is evident that racial killing is not an alien act in the US, it is also deeply believed that change can only be brought if change is facilitated at home. While we all are collectively advocating through our own meager means to bring the perpetrators of George Floyd to justice while being stationed at different corners of the world, we at 2020 have also realized, more than ever that minorities not only in the US but also at home, in Bangladesh, need legal protection from racial and ethnic injustice that they suffer from, at their homeland. To what extent are our laws protecting the minorities, more specifically, the indigenous people from the police and other authorities?
Let’s find out.
Case in Hand: (Fictitious)
Shanti Chakma, a proud ethnic minority, grew up witnessing her father and other family members being subjected to unreasonable demands to obtain documents from administrative offices; making the whole process loathsome. This was something that her friends from the Bengali Community could not relate to, as in most cases they did not have to go through such an ordeal.
Shanti, as a child also had to witness her neighbour’s land being grabbed by settlers; settlers who have for long received impunity for continued discrimination.
In school, Shanti was often insulted and rebuked by her peers when she spoke in her own language, a right that her Bengali friends were privileged to enjoy but was not for her to exercise.
Although, at multiple occasions, she wanted to drop out of school, what kept her going was that education would bring her family the respect and the rights that she was longing for.
She had not recovered from her childhood wounds, only to find that the battle was a long one, as she faced the sting of discrimination even during her interviews when looking for a job.
Shanti’s brother Sumon worked as an officer at a well established bank. Despite of his permanent job, Shanti would often hear about incidents about her brother being stopped by the local police while coming home from work, as a protocol for regular check, “more regularly” than any of his other colleagues who were not, what appears to be, subject to unfair treatment for their race unlike him.
Will Shanti, Sumon and the thousands of minorities ever find justice against the various forms of discrimination that they have to live with? Are there sufficient laws to protect them?
Know Your Rights:
According to Article 27 of the Constitution of the People’s Republic of Bangladesh, “all citizens are equal before law and are entitled to equal protection of law”.
Article 28(1) emphasizes that “The State shall not discriminate against any citizen on grounds of religion, race, caste, sex or place of birth.”
Article 28(3) states, “No citizen shall on grounds, only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution”.
There are five major Acts that address the crucial aspects of rights of indigenous peoples in the CHT. The Acts along with other major legal initiatives are listed below:
The CHT Regulation (1900);
The State Acquisition and Tenancy Act, 1950, (Land Rights)
The CHT Development Board Ordinance (1976);
The Hill District Council Acts (1989);
The CHT Regional Council Act (1998); and
The CHT Land Disputes Resolution Commission Act (2001).
ILO Conventions No. 107 on Indigenous & Tribal Populations, Ratified in 1972
Small Ethnic Minority Cultural Institution Act 2010 recognizes 27 groups.
The Bangladesh Indigenous Peoples Forum (BIPF) urged the government to enact the Bangladesh Indigenous Peoples Rights Act (2015) which is yet to be fully drafted by the Bangladesh Parliamentary Caucus on Indigenous Peoples, formulated by the NHRC aiming to ensure economic, social, and cultural rights of indigenous people. This group of parliamentarians who advocate for the rights of the country’s tribal people – enlisted as many as 59 distinct ethnic minority groups. Still a lot of work is yet to be completed.
What to do with the Police?
If you are a female who needs to be searched, know that you have the right (Section 52 of CRPC) to ask for another female officer to search you. If there are no female officers present, they cannot search you. Furthermore, you may choose to remain silent as a Bangladeshi citizen (Article 34(4) of the Constitution).
Cooperate with Police: You may politely ask what you are suspected of but remember that according to laws (Section 11 and 12 of Arms Act 1878), police can arrest you under the grounds of suspicion. Furthermore, Section 21 and 22 of Narcotics Control Act 2018 enables the police to stop and search your vehicle if they have reasonable suspicion that you are in possession of drugs and prohibited or controlled substances.
Be patient until the search is completely finished.
If you feel that you need help, consult a legal practitioner immediately as every Bangladeshi has the right to be defended by a legal practitioner (Article 33(1) of the Constitution).
In order to fight racial and ethnic discrimination, Bangladesh has acceded to a number of global human rights treaties but effective implementation of those treaties through proper execution of legislative, administrative and judicial measures is yet to be materialised into reality. We are hopeful for a better future where change will be brought and everyone will indeed be treated equally as supposed to be, in the eyes of law.
Team I Know,Right earnestly hopes that there are no more George Floyd’s in the US or in Bangladesh or in any other part of the world who are subjected to unfair treatment based on their race, colour, religion, ethnicity and sexual orientation.
Nafisa, a working mother, had sleepless nights since the word has been going around that children’s heads were being offered as sacrifices for building an important bridge in her locality. Nafisa, a mother of two, is petrified about the safety of her children who often roam around ,during her absence, after school. Unconfirmed about the news, Nafisa went to the local police station to seek information regarding complaints filed for abduction in the last month. She wanted to be sure whether the information that was taking away her sleep was credible or not. Days passed, and her worries increased but she never heard back from the authority despite of her persistent requests.
If you were Nafisa, what would you do?
According to the Right to Information Act (RTI) 2009, Section 4, every citizen has the right to information from the Authority and the same shall on -demand from a citizen- be bound to provide information.
For the purposes of the RTI Act, “Authority” means the concerned government body that can provide Nafisa with the information she requires. Barring a few, almost all government bodies are covered by the ambit of the act. She can try to get the information permitted by the act from the Police, from the Ministry of Road Transport and Bridges or from the Upazila Nirbahi Officer ( UNO’s office).
Section 9(2) of the Act requires the information to be provided within 30 working days from the date of application.
Complaint Mechanism
Nafisa upon not being given either a response or information requested within the specified time period( S.9(2)) can submit a complaint with the Information Commission (SS25 & 26)
HOW?
Apply in writing or electronically or by e-mail to the Responsible Officer;
In the application, the following information must be given:
Name, address, and where applicable fax number and e-mail address of the applicant;
Correct and clear description of the information sought;
Any other useful and related information that might help in locating the requested information;
Remedy
The decision of the Information Commission(IC) shall be binding on all parties and it must be communicated to all parties in writing. The IC, shall, through procedures prescribed in the regulations, take other steps in disposing complaints.
Penalties(Section 27)
While deciding on a complaint, or if the Information Commissioner believes that for any reason given below, any Responsible Officer will be liable for fine of 50 Taka per day up to a maximum of 5,000/- Taka for –
Refusing to accept an application or appeal without any reasonable cause;
Not furnishing information or not taking a decision on this matter within the time specified;
Malafidely denying the request for information or appeal;
Instead of giving the information requested, giving incorrect, incomplete or misleading or distorted information and ;
Obstructing furnishing of information in any manner.
Anika called a car, on one of the capital’s popular ride sharing platforms, to go home from a wedding reception at night. During the journey back home, she could feel that the rider was staring at her from the rearview mirror. Creeped out, she asked the driver to stop – to no avail. She was dropped off at her location unharmed, but the driver stayed around long enough to know the house she lived in.
The next day, Anika woke up to a barrage of missed calls and inappropriate messages from an unknown number. She called the number, and the voice sounded familiar. She then recalled that it is the voice of the same person who dropped her off last night.
Anika is petrified. If you were Anika, what would you do ?
If You Feel Unsafe:
During the journey, if you feel unsafe, you can immediately take a screenshot of the driver’s details and car’s registration number on the app, and send it to your trusted people. Make it a standard protocol if you are travelling alone at night in Dhaka. Also share your live location through google maps or other web apps.
If you are apprehending personal danger, then you can call 999 immediately and then tell them the required information – like the car’s registration number and your location before harm comes your way.
You can also call the helpline launched by the Bangladesh Directorate of Women’s Affairs if you are a woman. The hotline is accessible round the clock 24/7, and the number is 10921 .
Call your nearest Thana/police station during the journey. The numbers are simply available with a google search. The following link also has the numbers to all police officers in DMP https://dmp.gov.bd/find-your-local-police/
Anika’s Redress for the Calls:
She can file a GD at her nearest police station. GD can now be filed online, so it is not an absolute necessity to visit her nearest police station in person.
Calling someone and harassing them over phone is a crime under Section 70 of Bangladesh Telecommunications Act 2001 which provides that if a complaint is made against a person for causing annoyance by telephone calls, that person shall be liable to be sentenced to a fine not exceeding 25000 taka and in default of fine to an imprisonment for a term not exceeding 3 months. It shall be lawful for the operator upon a complaint, to trace the source of, to intercept, monitor or record the calls in order to take steps to prevent the calls.
She can get in touch with the Ride sharing platform’s own complaint procedures. If they are unable to get her a solution, then a formal complaint can be lodged against the ride sharing company with the BRTA and they will take necessary actions.
As wedding season arrives, Molly is determined to lose
weight to fit into her fancy clothing. She went through her social media page
and found a page that promised her she would lose around 4 kgs in two weeks.
She immediately signed up to the meal plan that would deliver her food everyday
for two weeks. While signing up for the meal plan, she was not provided with a
certified nutritionist.
Molly thoroughly followed the plan without cheating on her
meals. It was also affecting her daily routine, as she was always tired due to
lack of nutrients. After two weeks, Molly did not find any changes in her
weighing machine. She was the same except she felt weak, tired and demotivated.
What are Molly’s rights as a consumer of the “healthy” meal
plan?
Under Section 60 of the Consumers
Right Protection Act 2009, within 30 days of the cause of action arising,
the complaint needs to be made to the Director
General (DG) of The Directorate of National Consumers’ Right Protection
(DNCRP).
Once the complaint has been lodged, the following three
actions can be taken:
Relying on the DG. If the DG’s investigation finds the party guilty, then the DG can prosecute and fine up to a certain amount of which 25% will given to the complainant (section 76 of Consumers Right Protection Act 2009).
Criminal case. A criminal case can be pursued in front of a first class or metropolitan magistrate only after the complain has been referred to the DG (Section 57 and 60 of Consumers Right Protection Act 2009). It is going to be a summary trial thus ensuring swift disposal of the case. For false advertisement, punishment will be up to 1 year imprisonment or up to BDT 2 lacs fine or both (Section 44 Consumers Right Protection Act, 2009).
Civil. Molly can also go for a civil remedy based on the contract and can follow it up at the civil court under The Contracts’ Act ,1872 and CPC procedures. For this, a practicing lawyer’s advice need to be sought. If she goes ahead with the civil suit, the Consumer Rights Protection Act empowers the civil courts to give upto five times the assessed damages she has suffered from the contract and also the costs of the suit and she will get the benefit financially ( Section 67 Consumers Right Protection Act,2009). Drawbacks in this route includes length of time it needs to dispose of the suit.
The market for meal delivery services was valued at 210
billion USD according to Morgan Stanley research in 2016. In Bangladesh, the
meal plan service is gaining popularity amongst the health conscious
population. Hence know your rights if you are one of them.
Nahar and Alif have been married for five years. Two years
into the marriage, Nahar started to feel depressed. Alif constantly criticized
everything from the way she looked and her inability to cook and clean. He made
her quit her job by continuous character assassination.
Nahar started to question her abilities and went into
isolation from her disturbed mental state. He never raised his hands on her so
she failed to understand the magnitude of the wrong that was being done to her.
There were no physical scars that were emblematic to the abuse that she was
undergoing but what about the emotional scars that plunged her into the depth
of darkness?
If you were Nahar, what would you do?
According to the DomesticViolence (Prevention and Protection) Act
2010, psychological misconduct includes verbal abuse, insults, neglect,
threat that leads to mental disturbance or even harassment. This has been defined in section 3 of the
Act.
Punishment:
6 months to 2 years imprisonment or fine from TK 10,000 to 1 lac.
Report:
You can report to your nearest police station or alternatively you can seek help from the national help line for violence against women and children. The help line number is 109 and it is a toll free number that is available 24 hours a day, 7 days a week.
The helpline center offers legal advice, police assistance and in addition, there is also a psychosocial counsellor to give telephone counselling service. After being aware of the problem, the help line center immediately communicates the service provider of the victim’s area and coordinate things at the earliest.
Roxana was hanging out with her friends in a park near her
house. Suddenly, a street dog came in their way and her friend Cynthia got
scared. She started screaming seeing the dog and attracted a big crowd. Before
Roxana could calm the situation down, Cynthia’s boyfriend started to kick the
dog repeatedly. Consequently, the dog stopped responding. No one bothered
except Roxana who was distressed and wanted to take further steps.
In the past, Roxana also witnessed vendors trying to sell
parrots that were tightly tied upside down in a cage, with their legs clearly
displaying signs of injury. This left Roxana traumatized for a while.
What would you do if you were Roxana? Good news is that there are new laws in
Bangladesh that deal with such cruelty against animals.
Steps:
Gather evidence. If you witness either of the scenes
then call 999 immediately.
You may go to your nearest police station and report
with sufficient evidence.
If the animal is alive, you can also seek help
from the nearest fire service and local government officials who are under a
duty to help you (Section 14, Animal
Welfare Act 2019).
But can the acts be classified as cruelty against animals?
According to Section 6(d)
of Animal Welfare Act 2019, cruelty amounts to restricting the animal to
such an extent and in such a manner that it fails to stand, sit or function in
its natural ways. Section 6(e) also
highlights cruelty to include unnecessary hurting of the animal using sharp
instruments, while Section 6(h) includes
annoying the animal to be deemed as cruelty. Furthermore, Section 10 of the same Act focuses on punishment for damaging or removing
organs of animals.
Know your right. The archaic law of Animal Cruelty Act 1920 has been replaced by Animal Welfare Act 2019
which takes punitive measures against perpetrators such as:
For restricting movement of animals, punishment
can go up to 6 months imprisonment or 10,000 BDT fine or both (Section 16(a) Animal Welfare Act 2019)
If the animal is found to have suffered from a
damage or removal of an organ then the assailant will face imprisonment for up
to two years or fine of 50,000 BDT or both (Section
16(b) Animal Welfare Act 2019)
After a long hard day of work, Rubel went home, had dinner
and finally got ready for a good night sleep. Suddenly, he started hearing construction
sounds around 9 PM. He was tired and the
noise was giving him a headache. Furthermore, his infant was fast asleep and
was woken up by the loud noise. Despite asking the construction workers to
stop, the noise carried on until dawn. This has been a common occurrence in his
neighbourhood for months.
What would you do if you were Rubel?
Call“Enforcement of Department of Environment” at
028181771 (However this number is
only available during office hours for which Rubel needs to wait until the next
morning in order to make the phone call).
The Department of Environment (DOE) has over the years taken
measures in the form of imposing fines in several incidents. Additionally,
imprisonment can also be implemented for upto 1 month as per Noise Pollution (Control) Rules 2006,
provided that investigation by the DOE deems such punishment appropriate.
If the problem persists, you may contact your nearest police
station as it is illegal to carry out construction work past 7 PM until 7 AM, in
a residential area (Noise Pollution (Control)
Rules 2006). Upon receiving the complaint, by practice, the police visits
the venue and issues a warning.
The complainant also
has the option to file a case under Section
268 of Penal Code 1860 that deals with public nuisance. However, do keep in
mind that the fine is only up to 200 taka.
I Know, Right ? 