Law Relating To Protection Of Women From Domestic Violence In Bangladesh

Abstract

Under the The Domestic Violence (Prevention and Protection) Act of Bangladesh the definition of victim includes either a child or a woman, whereas in the Indian Protection of Women from Domestic Violence Act only women have been identified as an aggrieved person. In Bangladesh there is a possibility of appointment of Enforcement Officers by the government in each district, thana or in a metropolitan area; whereas in India there is a possibility of appointment of Protection Officers by the State Government in each district. In India the Protection Officers shall as far as possible be women; there is no such provision in Bangladesh. Indian legislation recognizes a relationship in the nature of marriage; Bangladesh legislation does not recognize such relationships. There are no duties imposed on the government of Bangladesh for the smooth implementation of the provisions of the law pertaining the domestic vi olence. This is one of the reasons that makes the law ineffective and the domestic violence is increasing in that country. The Indian legislation, on the other hand, defines the duties of the government exclusively.43 There are better provisions for the proper implementation of the Act and for spreading broad awareness among the people in Indian legislation. Ex parte proceedings; in camera proceedings; custody orders; time bound disposal of the matter (60 days); and compensation etc. are some of the similarities in both the legislations. However Bangladesh Act takes into account the possibility of false complaints. In case of false complaints there is a provision of punishment under section 32 of the Bangladesh Act. Indian legislation does not provide for any penalty for false complaints. Unlike Indian legislation, Bangladesh legislation also prescribes time bound disposal of the appeals from the orders under their Domestic Violence Act. The offence of domestic violence is compoundable in Bangladesh but not so in India. Clearly the law relating to the protection of women from domestic violence in Bangladesh is similar to that in India.