Commentary
Challenges in Prosecuting Violence Against Women in Bangladesh
Tarek Rahman
April 2025 | BANGLADESH

Violence against women (VAW) in Bangladesh is a persistent and serious issue, evidenced by increasing reports of domestic violence, rape, sexual assault, and other gender-based crimes. The country already has a number of laws in place to deal with this problem. Despite this, incidents of VAW continue to rise, and the conviction rates for these crimes remain shockingly low. A study conducted by BRAC found that the conviction rate in VAW cases is merely 3.66%, indicating significant shortcomings within the legal system. Effective prosecution of these crimes is essential for achieving justice and deterring future offences. However, systemic issues hinder progress in addressing the critical problem prevailing in the country. This means that most cases end in acquittals.

The obstacles to achieving justice for victims of violence against women (VAW) include legal and institutional challenges, evidentiary and procedural barriers, societal and cultural issues, as well as economic dependence and insufficient support. To address these issues, the government needs to eliminate these barriers, promote public awareness, and enforce strict accountability within law enforcement. Taking these steps can significantly enhance the chances of securing justice for victims.

 iProbono is actively addressing violence against women (VAW) in Bangladesh by partnering with international non-governmental organisations (INGOs), domestic NGOs, and civil society organizations (CSOs). Our efforts focus on raising awareness through capacity-building training and providing legal aid clinics specifically for working women. We advocate for the removal of barriers to justice by presenting our findings and recommendations to both UN bodies and local authorities. Since 2022, we have also been offering litigation support by representing victims of domestic violence in court.

Legal and Institutional Challenges 

In Bangladesh, a set of laws already offers strong judicial recourse to women who face violence. These legal provisions include 

Each of these laws addresses a different facet of the violence, and together offer a robust net of protection to victims, at least in theory. But the enforcement of these laws is ineffective in practice, for a number of reasons. 

Law enforcement agencies, especially police, often fail to act on complaints as a cognizable offence and refuse to lodge an FIR, discouraging victims from seeking justice. Furthermore, judicial delays are a significant concern. BRAC study estimated that, on average, a case takes nearly six years and five months to conclude, and 21% of cases take more than ten years. Such delays allow perpetrators to manipulate the system and exert pressure on victims to withdraw cases or settle out of court. 

To address these problems, it is essential to hold law enforcement agencies accountable for delays in investigation and corruption. A specialised investigative unit for VAW cases, for instance, would help ensure timely and thorough investigations. The ad hoc appointment of prosecutors based on political affiliations often results in insufficient representation for victims of VAW. Therefore, establishing a permanent prosecution service is crucial to ensure proper legal representation, improve conviction rates, and ultimately deliver justice. Besides, fast-track tribunals should be created to ensure the timely resolution of cases, reducing opportunities for out-of-court settlements under duress. 

Societal and Cultural Barriers 

When it comes to prosecuting VAW cases, a major hurdle faced by legal teams is the lack of forensic facilities and the absence of prompt medical examinations. Delays in collecting forensic evidence, including DNA testing, significantly weaken the prosecution’s case. Bangladesh has only two DNA testing facilities and no forensic labs at the district level, making timely evidence collection nearly impossible for the victims residing in districts. The challenges faced by victims from rural areas are even harder. Moreover, many victims do not immediately report the crimes due to the societal stigma attached to these crimes, further reducing the chances of obtaining concrete physical evidence. Police negligence in preserving crucial evidence also contributes to the high acquittal rates. To address these challenges, it is essential to expand DNA testing facilities to all districts and ensure victims are offered immediate medical examinations.  Training law enforcement officers on evidence preservation is also critical to improving conviction rates.

Bangladesh’s absence of witness protection laws exacerbates the challenges in prosecuting VAW cases. Witnesses and victims frequently face threats, social ostracisation, and financial coercion, forcing them to withdraw their testimonies. Given the absence of witness protection laws, accused persons often intimidate witnesses and prevent them from deposing testimony before the courts. A study conducted by the Bangladesh Police Headquarters found that 43% of witnesses are unwilling to testify in court against the accused. Additionally, 79% of witnesses expressed a lack of confidence in the criminal justice system, while 77% cited intimidation from the accused as a barrier to testifying. Furthermore, 51% of respondents indicated that the state does not adequately protect witnesses. So, structured legislation for witness protection should be promulgated to prevent intimidation and coercion. 

It is also important to recognise that many victims feel re-traumatised during the legal process, which contributes to the high dropout rates of VAW cases. They can face aggressive cross-examinations, character assassination, and lack of privacy in court proceedings. The justice system is mainly male-dominated, and the absence of gender-sensitive legal procedures discourages victims. Although the laws relating to rape and sexual assault allow the court to hold a closed-door hearing/trial in camera, the practice is rarely implemented. As a result, victims often have to recount the details of their rapes and assault in open court. Courts must adopt victim-friendly procedures, such as closed-door hearings and witness depositions, to create a more supportive environment. Additionally, appointing more female prosecutors and judges can help create a gender-sensitive legal process.

Societal and Cultural Barriers 

Victim blaming remains a pervasive issue in Bangladesh, deterring many victims from seeking justice. Women who wish to report abuse often face family and societal pressure not to report and, if reported, to withdraw cases, fearing damage to their reputation. According to a Bangladesh Bureau of Statistics report, only 2.3% of women who experience domestic violence seek legal action. In many cases, community elders and religious leaders pressure victims into informal settlements and illegal out-of-court settlements, undermining the formal legal system. One of the most egregious injustices faced by victims of rape is the practice of unlawful out-of-court settlements that compel them to marry their rapists. This practice not only denies justice to victims but also emboldens perpetrators. National awareness programmes would offer support by challenging victim-blaming attitudes and promoting legal literacy among women. Media campaigns, school-based campaigns and community outreach initiatives are also important tools to help shift societal attitudes.

Economic Dependence and Lack of Support

The majority of women in Bangladesh are economically dependent on their husbands or male guardians.  Unfortunately, husbands often appear to be the accused making it difficult for the victim women to pursue legal action. Litigation costs and prolonged trial durations due to the slow legal system impose financial burdens on victims seeking justice. The limited state-sponsored legal aid and the lack of state-sponsored rehabilitation programs further limit access to justice for economically disadvantaged women. Establishing robust state-funded legal aid, shelters, and financial support programmes can empower victims to pursue justice without economic constraints. Additionally, self-reliant job training programmes for victims can provide financial independence, reducing reliance on abusive partners.

Conclusion

The prosecution of violence against women in Bangladesh is fraught with legal, procedural, socio-cultural and economic barriers that severely undermine justice. Victims of VAW will continue to face massive challenges in seeking redress and pursuing justice without urgent reforms. Bangladesh must prioritise the safety and dignity of women by addressing the gaps in its legal system and fostering an environment where victims of VAW can seek justice without fear or obstacles.

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