BY: SUZANNE BROER, JUNIOR RESEARCH ASSOCIATE, PILPG-NL
After a video emerged on the internet on October 4 this year, where a group of men are seen attacking and raping a woman, a wave of protests washed over Bangladesh calling for reform of the domestic rape legislation. The protests aimed to draw attention to the stigma surrounding rape and the blame that appears to be put on the victim rather than the perpetrator. As a response to the protests, Prime Minister Sheikh Hasina decided that, instead of life imprisonment, capital punishment will be awarded to those convicted for rape. Speaking on Hasina’s behalf, Law Minister Anisul Haq cited the deterrent effect capital punishment as playing a part in Hasina’s decision to adjust the legislation. Although concerns regarding the effectiveness of this measure have been expressed by Human Rights Watch and other civil society actors parties, this instance exemplifies the potential influence of activism and social media on lawmaking.
The Pressure of Covid-19
It appears that violence against womxn has increased by almost 70 percent during the Covid-19 pandemic, in addition to potential victims being disconnected from their support systems. This increase has been spilling over on social media and the viral video of the rape in Bangladesh is an example of this trend. The video that was the direct cause for the recent protests did not only show a painful crime but also shone a light on the stigma contributing to violence against womxn.
Elimination of Discrimination and Violence Against Womxn
Violence against womxn is a manifestation of the unequal power relationship between men and womxn and takes place all around the world. South Asia is an area in which sexual violence is more prevalent than others: it contains some of the world’s most powerful economies but also two-thirds of its poorest people. Challenges resulting from socioeconomic disparities are inherently linked to gender.
Throughout the world, issues regarding violence against womxn are covered by the umbrella convention regarding womxn’s rights: the Convention on the Elimination on All Forms of Discrimination Against Women (CEDAW). Several South Asian states, including Bangladesh, have ratified the CEDAW and have made formal commitments to gender equality. Nonetheless, factors such as limited resources, inconsistencies in safeguarding justice, or even disruption from natural disasters and conflicts have complicated the matter tremendously.
Bangladesh had vowed to reduce and eliminate violence against womxn and children by 2015, in line with its commitments to CEDAW. The Prevention of Oppression Against Women and Children Act (POAWC Act) of 2000 has contributed to the reduction of violence against womxn and children by prescribing life imprisonment as a sentence. Nevertheless, reduction of violence against womxn can be made more significant: legislation, outreach and the behavior of police towards survivors can use improvement. A viral video was capable of spiking the public attention regarding the general attitude towards violence against womxn, leading to the introduction of the death penalty. This is because the video did not only reveal the crime itself, but also society’s attitude towards the crime.
The Surge of Social Media Protests
It is no surprise that communications technology plays a part in protests: it is most convenient and effective to spread information regarding ongoing injustices and mobilize people through social media. The Arab Spring protests and the more recent Black Lives Matter protests are examples of this. More specifically, in the Nirbhaya case, the protests that arose in the aftermath of a gang rape had a strong influence on criminal justice in India. In fact, the protests are credited for the introduction of the 2013 Criminal Law Amendments and the death sentence in India’s rape jurisprudence. However, such influence of social media and protests arguably impugns the legality doctrine in criminal law: law has to be clear, ascertainable and non-retrospective. An adjustment of the law after the fact interferes particularly with the principle of non-retroactivity if the perpetrator is prosecuted based on the new legislation. Public opinion might also influence the impartiality of the judges, pressuring them to reach a conviction, often to the disadvantage of the fair trial rights of the accused.
What is special in the combination of violence against womxn and the role of social media in protests is inherent in the way that the problem persists: blame is attributed to the victim rather than the perpetrator and, as a consequence, the violence is heavily underreported. Previously, cases of acid attacks on women have been handled relatively successful by Bangladesh, arguably because the consequences of acid attacks are visible and they thus visualize the violence perpetrated on women. This changes the dynamic: exposing the violence, in a way, equals ‘reporting’. The exposure of stigmas allows for them to be addressed and works towards their elimination.
Conclusion
Violence against womxn is prevalent in Asia, but Bangladesh has long taken measures to reduce the problems. It appears to be rather difficult to do so, as socioeconomic challenges and their effects on the unequal power relationship between women and men are complicated by limited resources and conflicts. In times where the Covid-19 pandemic puts an additional strain on the status of womxn in society, social media can expose the inherent preconceptions that underlie the problems. As a result, a bottom-up influence from the public can have an effect on legislation, just as it did in the example of Bangladesh.