An appraisal of the Women and Children Repression Prevention (Amendment) Ordinance, 2025

The rate of conviction in cases of violence against women and children in Bangladesh is alarmingly low. A 2019 research by ActionAid reveals that, on average, it takes two years to begin trial proceedings in four out of every five cases. The key reasons include victims' fear, insecurity, threats, unwanted financial settlements, and fear of losing privacy. As a result, many refrain from seeking legal recourse. Similarly, witnesses also face pressure and intimidation to testify before court. For years, human rights organisations have demanded a separate law to ensure their protection. Although such a dedicated law has yet to be passed, the recently approved Women and Children Repression Prevention (Amendment) Ordinance, 2025 has incorporated several important provisions that, albeit partially, respond to this longstanding demand.

The Rape Law Reform Coalition (hereinafter 'Coalition'), a platform of 17 organisations with Bangladesh Legal Aid and Services Trust (BLAST), jointly reviewed the draft ordinance and submitted a comprehensive set of recommendations to the interim government, which were reflected in the final Ordinance. The inclusion and revision of several key provisions signal progress and are expected to help victims and witnesses participate more actively in the justice process.

Quite undoubtedly the approval of the Women and Children Repression Prevention (Amendment) Ordinance 2025 is a significant milestone. While the provisions that the Ordinance introduced or revised regarding victim and witness protection are vital, implementing them will be equally challenging.

Notably, the Ordinance explicitly prohibits the publication of any information (ie crime committed against them or related legal proceeding) related to a woman or child who is a victim of the offenses covered by this law, such as their name, address, photo, or other identifying details in newspapers, any online platforms including social media, or any other medium [Section 14(1)]. Violation of this provision can result in up to two years of imprisonment, or a fine of up to BDT 100,000 or both [Section 14(2)]. While the previous law did restrict the disclosure of personal information, it did not specifically mention photographs. Also, online and social media platforms have now been integrated within the legal scope. These gaps have now been addressed, making the law more contemporary and responsive to the digital age.

A new subsection has also been added allowing the tribunal to receive testimony via digital means if the witness resides in a remote location, subject to prior approval [Section 24(4)]. The government and relevant authorities are required to provide the necessary technical support to the tribunal in this regard. If implemented, this provision will reduce the burden on remote victims and witnesses, sparing them the need for repeated physical appearances.

Again, the new amendment has also stretched the scope of protective custody. Under the new Ordinance, the tribunal can order protective custody not only for women or children victims, but also for any person associated with them [Section 31]. Furthermore, such protective custody must be outside prison and in government-designated safe places or other suitable arrangements. If necessary, the tribunal may place individuals under the custody of a specific agency.

One of the major obstacles to justice in cases of violence against women and children is the lack of protection for victims and witnesses. Section 32 Kha (1) of the amendment addresses this issue by allowing the tribunal to issue orders for the safety of the complainant, victim, or witness or take necessary steps to ensure such protection. Again, for witnesses from marginalised and remote areas, frequent court appearances are difficult. The new amendment thus allows for compensation for travel and time lost by any witness [Section 32 Kha (2)].  Such financial assistance is likely to encourage participation and make the process of recording testimony more effective. This provision will be particularly helpful for government witnesses, such as doctors, police officers, and other officials, many of whom may have been transferred to distant locations and need to travel at their own expense and take leave to testify.

However, some proposals from BLAST and the Coalition were not finally included in the Ordinance. For example, the recommendation to legally prohibit disclosing any information that could identify vulnerable witnesses was not accepted. If it had been, the protection and privacy of vulnerable witnesses and their families could be strengthened.

Additionally, the provision for testimony via information technology should not be limited to remote witnesses but also include vulnerable witnesses, particularly children. However, it is crucial to provide adequate training to judicial officers and court staff to facilitate this. Another limitation of the Ordinance is its failure to mention any specific procedure for the protection of adult women or obtaining their consent when placing them in protective custody (but it refers to the Children Act 2013 in ensuring custody of Children).

Quite undoubtedly the approval of the Women and Children Repression Prevention (Amendment) Ordinance 2025 is a significant milestone. While the provisions that the Ordinance introduced or revised regarding victim and witness protection are vital, implementing them will be equally challenging. We hope that the government, in coordination with the Ministry of Law, the Ministry of Women and Children Affairs, the Attorney General's Office, public prosecutors, bar associations, law enforcement agencies, medical professionals, psychosocial experts, and civil society organisations, will develop and publish a comprehensive roadmap to effectively translate this positive initiative on victim and witness protection into reality and create public awareness in this regard. Only then can the path to justice for victims be made easier.

The writer is Senior Research Officer, Bangladesh Legal Aid and Services Trust (BLAST).