PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 5541 of 2015
Date of filing: 2015/05/23
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Petitioners

1.    Naripokkho
2.    Bangladesh Mahila Parishad
3.    Jatiya Adivasi Parishad,
4.    Ain O Salish Kendra (ASK)
5.    Bangladesh Legal Aid and Services Truest  (BLAST)
 

Respondents
  1. Secretary,Ministry of Home Affairs
  2. Inspector General of Police
  3. Police  Commissioner, DMP
  4. OC, Uttara Police Station
  5. OC, Khilkhet Police Station
  6. OC, Gulshan Police Station
  7. OC Vatara Police Station
  8. Duty Officer, Vatara Police Station
Facts

According to news reports, a 21 year old woman from the Garo Community was gang-raped by 5 men in a running microbus in Dhaka City on Thursday 21 May 2015, after being picked up while waiting for a bus. She was sent for a medical examination to the Dhaka Medical College Hospital only on 23 May 2015. Protests by women’s rights, Adivasi rights and human rights organisations have continued demanding urgent action. Several reports have focused attention on the delay in recording of the FIR and the delay in sending her for medical examination.

Rule/Order/Judgment
Date: 25/05/2015


Details

Rule Nisi was issued upon the Respondents to show cause as to why the delay by the Respondents nos. 4-6 in recording FIR regarding an allegation of rape of the victim and delay in sending her to the Victim Support Center, including delay of over 24 hours in sending her for medical examination shall not be declared to be without lawful authority and of no legal effect, and violation of fundamental rights of the women and girls. Also, the respondents were directed to show why they should not be directed to compensate the victim for the violation of her rights, and to why respondents Nos. 1-3 should not be directed to take disciplinary action against the concerned police officers responsible for the delays in necessary actions. The Respondents were directed to appoint a Committee of experts including women’s rights organizations, lawyers, retired justice and survivors of sexual violence, to review existing laws and procedures, make recommendations and coordinate effective measures for enforcement of the law including co-operation between VSC, OCC and respective police stations.

Respondents Nos. 1-3 were directed to frame and disseminate a circular to all police stations on their obligation to ensure that required services are provided to all concerned without any discrimination, and to record promptly any complainant regarding the allegation of rape.

Respondents Nos. 1-3 were also directed to report within three weeks on the action taken to identify those who responsible for the impugned action.

Justices

Mrs. Justice Farah Mahbub

Justice Kazi Md. Ejarul Haque Akondo



Date: 31/05/2015


Details

Matter fixed for order. A list of names were proposed for inclusion in the committee of experts to be appointed by the Respondents pursuant to the order dated 25.05.2015.

Justices

Mrs. Justice Farah Mahbub

 
Justice Kazi Md. Ejarul Haque Akondo



Database Last Updated on: 2018-10-17 15:26:45
Area of law
Women’s Rights,
Minority Rights,
Adibashi,
Accountability and Institutional Reform
Keywords
Sexual Assault; Rape
Relevant statute

Constitution, Articles 27, 28, 31, 44 and 102;

Nari o ShishuNirjatan Daman Ain 2000 (as amended in 2003)





Case Number: Writ Petition No. 5541 of 2015
Date of filing: 2015/05/23

Petitioners

1.    Naripokkho
2.    Bangladesh Mahila Parishad
3.    Jatiya Adivasi Parishad,
4.    Ain O Salish Kendra (ASK)
5.    Bangladesh Legal Aid and Services Truest  (BLAST)
 

Respondents
  1. Secretary,Ministry of Home Affairs
  2. Inspector General of Police
  3. Police  Commissioner, DMP
  4. OC, Uttara Police Station
  5. OC, Khilkhet Police Station
  6. OC, Gulshan Police Station
  7. OC Vatara Police Station
  8. Duty Officer, Vatara Police Station
Facts

According to news reports, a 21 year old woman from the Garo Community was gang-raped by 5 men in a running microbus in Dhaka City on Thursday 21 May 2015, after being picked up while waiting for a bus. She was sent for a medical examination to the Dhaka Medical College Hospital only on 23 May 2015. Protests by women’s rights, Adivasi rights and human rights organisations have continued demanding urgent action. Several reports have focused attention on the delay in recording of the FIR and the delay in sending her for medical examination.


Rule/Order/Judgment
Date: 25/05/2015:
Details

Rule Nisi was issued upon the Respondents to show cause as to why the delay by the Respondents nos. 4-6 in recording FIR regarding an allegation of rape of the victim and delay in sending her to the Victim Support Center, including delay of over 24 hours in sending her for medical examination shall not be declared to be without lawful authority and of no legal effect, and violation of fundamental rights of the women and girls. Also, the respondents were directed to show why they should not be directed to compensate the victim for the violation of her rights, and to why respondents Nos. 1-3 should not be directed to take disciplinary action against the concerned police officers responsible for the delays in necessary actions. The Respondents were directed to appoint a Committee of experts including women’s rights organizations, lawyers, retired justice and survivors of sexual violence, to review existing laws and procedures, make recommendations and coordinate effective measures for enforcement of the law including co-operation between VSC, OCC and respective police stations.

Respondents Nos. 1-3 were directed to frame and disseminate a circular to all police stations on their obligation to ensure that required services are provided to all concerned without any discrimination, and to record promptly any complainant regarding the allegation of rape.

Respondents Nos. 1-3 were also directed to report within three weeks on the action taken to identify those who responsible for the impugned action.

Justices

Mrs. Justice Farah Mahbub,  

Justice Kazi Md. Ejarul Haque Akondo


Date: 31/05/2015:
Details

Matter fixed for order. A list of names were proposed for inclusion in the committee of experts to be appointed by the Respondents pursuant to the order dated 25.05.2015.

Justices

Mrs. Justice Farah Mahbub,  

 ,  Justice Kazi Md. Ejarul Haque Akondo



Reference

Area of law
Women’s Rights,  Minority Rights,  Adibashi,  Accountability and Institutional Reform

Keywords
Sexual Assault; Rape

Relevant statute

Constitution, Articles 27, 28, 31, 44 and 102;

Nari o ShishuNirjatan Daman Ain 2000 (as amended in 2003)


Related Proceedings
Database Last Updated on: 2018-10-17 15:26:45
Full Judgment Link: https://www.blast.org.bd/content/judgement/Judgment-of-gange-rape-in-microbus-writ-5541-of-2015.pdf