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Domestic Violence Act of 2010? ______ Copyright@ Plan International Published: November 2016 Cover Design: Farzana Siddika, Graphic Designer, PHR Design & Printing: Execute Funded By: USAID/Bangladesh Disclaimer: This study is made possible by the support of the American people through the United States Agency for International Development (USAID). The contents are the sole responsibility of Plan International USA and do not necessarily reflect the views of USAID or the United States Government. 02 03 TABLE OF CONTENTS Acronyms 05 Acknowledgements 07 Executive Summary 08 Chapter One: Introduction 14-19 1.1 Violence Against Women and Children in Bangladesh 1.2 Government of Bangladesh Commitments 1.3 International Agreements on Women’s Rights 1.4 NGO Programs 1.4.1. Protecting Human Rights (PHR) Program Chapter Two: Methodology 20-24 2.1. Primary Data 2.2. Secondary Data 2.3. Research Limitations Chapter Three: Context 25-29 3.1. Contextualizing DV in Bangladesh 3.2. Causes and Kinds of DV in Bangladesh 3.3. Seeking Help Chapter Four: Law 30-42 4.1. DV in Law Before and After the DVPP Act of 2010 4.2. Enforcement: Police 4.3. Enforcement: Enforcement Officers 4.4. Help for Survivors: Service Providers 4.4.1. Shelter Homes 4.4.2. Community Shelter Homes Chapter Five: Court 43-56 5.1. The DVPP Act and the Courts 5.2. Remedies and Reliefs 5.2.1. Protection Orders 5.2.1.a.Interim Protection Orders and Serving of Notice 5.2.1.b.Permanent Protection Orders 5.2.2. Residence Orders 5.2.3. Compensation Orders 5.2.4. Custody Orders 5.3. Issues in Enforcement 5.4. DV Laws in Neighboring Countries 02 03 Chapter Six: Status of the DVPP Act 57-61 6.1. NGOs Instrumental in Case Filing 6.2. Case Histories: DVPP Act in Action 6.2.1. Case Withdrawn 6.2.2. Protection Order to End Harassment Chapter Seven: Recommendations 62-75 7.1. Recommendations 7.1.1. Raise Awareness 7.1.2. Increase Community Investment 7.1.3. Improve Access to Justice 7.1.4. Provide Separate Courts to Hear DV Cases 7.1.5. Relieve Economic Insecurity 7.1.6. Provide Immediate Access to Services 7.1.7. Bolster Support Services and Social Safety Nets 7.1.8. Collect Data 7.1.9. Address DV Against Children 7.1.10. Provide Counseling 7.1.11. Refine Legal Definitions and Language 7.1.12. Clarify Offences and Sanctions 7.2. Sixteen Suggested Amendments to the DVPP Act References 76-78 Appendices 79-96 I. English Version, Domestic Violence (Prevention and Protection Act) of 2010 II. Sample Cases III. Questionnaire for Enforcement Officers, English Translation IV. Focus Group Discussions 04 05 ACRONMYS AD - Appellate Division ADR -Alternative Dispute Resolution ASK -Ain O Salish Kendra BBS - Bangladesh Bureau of Statistics BLD - Bangladesh Legal Decisions BLAST - Bangladesh Legal Aid and Services Trust BMBS - Bangladesh Manabadhikar Bastabayon Sangtha BMP - Bangladesh Mohila Parishad BNWLA - Bangladesh National Woman Lawyers’ Association CIDV - Citizen’s Initiative against Domestic Violence CEDAW - Convention on the Elimination of All Forms of Discrimination Against Women CRC - Convention on the Rights of the Child CrPC - Code of Criminal Procedure DLAC - District Legal Aid Committee DLR - Dhaka Law Reports DSS - Department of Social Service DV - Domestic Violence DVPPA - Domestic Violence (Prevention and Protection) Act EO - Enforcement Officer ELLMA - Ensure Legal Support through Local Movement & Action FGD - Focus Group Discussion FIVDB - Friends in Village Development Bangladesh GBV - Gender-Based Violence GD - General Diary GoB - Government of Bangladesh GO - Governmental Organization ICRW - International Center for Research on Women INGO - International Non-Government Organization 04 05 JATI - Judicial Administrative Training Academy MOU - Memorandum of Understanding MoWCA - Ministry of Women and Children Affairs MSSUS - Manob Sheba O Shamajik Unnayan Shangstha MJF - Manusher Jonno Foundation MJSKS - Mohideb Jubo Samaj Kallyan Sangstha NGO - Non-Governmental Organization NHRC - National Human Rights Commission NPA-SAECT - National Plan of Action Against Sexual Abuse, Exploitation of Children including Trafficking NTCC - National Trauma Counseling Centre OC - Officer in Charge OCC - One-Stop Crisis Centers POWADVA - Protection of Women Against Domestic Violence Act PHR - Protecting Human Rights RDRS - Rangpur Dinajpur Rural Service SCWHR - Strengthening Community Capacity to Ensure Women Human Rights SID - Statistics and Information Department SPG - Social Protection Groups SUS - Sabalamby Unnayan Samity SW - Social worker UN - United Nations UNCEDAW - United Nations Convention on the Elimination of All Forms of Discrimination Against Women UNDP - United Nations Development Programme UNICEF - The United Nations Children’s Fund USAID - United States Agency for International Development VAFWSD - Voluntary Association for Family Welfare and Social Development VAW - Violence Against Women VGD - Vulnerable Group Development. VGDUP - Vulnerable Group Development for Ultra-Poor VSC - Victim Support Centers 06 07 ACKNOWLEDGEMENTS The Protecting Human Rights Program is committed to working alongside a wide range of stakeholders in Bangladesh to help protect and support survivors of domestic violence and their families. The dedication of all those involved with PHR provides a window into the reality that survivors of domestic violence face in Bangladesh and the complexities they face as they seek to overcome the violence that has penetrated their lives. Through this program we have witnessed the resilience of women and children who continue to survive despite the many challenges they face. We would like to acknowledge the extraordinary work of Dr. Shahnaz Huda Professor in the Department of Law at the University of Dhaka who served as the principal author of this study. She worked under the supportive guidance of our implementing partner BNWLA as well as the Plan International PHR Staff. This research would not have been possible without the input of the Dhaka based teams as well as the PHR field based staff from Plan International, the PHR legal counselors working with BNWLA and the local organizations at the district, upazila and union levels who helped to arrange and collect information through individual interviews and focus group discussions across the country. PHR is also thankful for the collaboration of the Government of Bangladesh, including MoWCA, Union Parishad members, local officials and religious leaders. These organizations and individuals continue to have a positive impact on the lives of many people and have brought the issue of domestic violence to the forefront. PHR appreciates the invaluable support of the United States Agency for International Development Bangladesh mission who has provided funding and advised the program since its inception in 2011. Significant contributions to making this study come to life also came from Sumana Binte Masud from USAID, Henry Alderfer, Aubrey McCutcheon, Farhana Afroz, and Mozahidul Islam from the Plan International PHR team in Bangladesh, Advocate Salma Ali, Mitali Jahan, and Towhida Khandakar from BNWLA, and Pamela Young, Eva Cantrell and Laura Brazee at the Plan International USA office. Our final product was made possible with the expert editorial assistance of Ms. Sabrina Detlef. We hope that this research sheds light not only on the issue of domestic violence that many women and children in Bangladesh face in their home, but also the laws that have been enacted to help provide support to survivors. Our aim is to bring an end to the practice and also identify the factors which hinder the proper implementation of the law. This study is dedicated to the hope and promise for a future where all those in Bangladesh can live happy, healthy, secure lives within their own homes and in public spaces. 06 07 EXECUTIVE SUMMARY Introduction Domestic violence is a pervasive and critical social problem that cuts across class and economic lines. The Constitution of the People’s Republic of Bangladesh guarantees the fundamental rights of all, which includes the right to be free from all discriminatory practices. It also guarantees the protection of the law, which inherently includes freedom from all types of violence. The enactment of the Domestic Violence (Prevention and Protection) Act of 2010 was the successful outcome of prolonged lobbying by different non-governmental organizations (NGOs) and entities, along with support from the Ministry of Women and Children Affairs. Initiatives to address and combat domestic violence continue, and there are innumerable programs, large and small, which support survivors. Many organizations extend social and legal support for survivors and victims of violence; a prime example is the USAID-supported Protecting Human Rights (PHR) Program, implemented by Plan International Bangladesh, which commissioned this study. Purpose The aim of this study is to investigate how the Domestic Violence (Prevention and Protection) Act of 2010 (referred to here as DVPP Act) is being implemented and explore its successes and shortfalls. We wanted to identify how (and if) the Act prevents violence within the home and protects the victims of domestic violence, and draw conclusions and make recommendations for how Bangladesh can improve the application of the law. Finally, we identified some potential revisions of the Act, based on our research. Methodology Five Years After Bangladesh’s Domestic Violence (Prevention and Protection) Act: Is It Helping Survivors? was undertaken by PHR in 2016 to investigate the status of implementation of the DVPP Act during its
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