Women's
Day Special
Human
Rights analysis
Shattered
Reflections: Acid Violence and the Law in Bangladesh
Saira
Rahman Khan
I
never wanted to look into a mirror again"…..
"Why do people think it is my fault?"…..
"The pain was unbearable and I wanted to die"
….. "I am afraid to go home because the person
who did this to me is still roaming free."….
" I am only 15 and I want to go back to school"…
such are the words of girls and young women who have been
victimised with acid. Needless to say, the flinging of
acid on the face and body of a person in truly a heinous
act vengeful and calculated. It leaves both physical and
mental scars, which usually stay for life. The victim
will always be in pain. The old saying goes 'hell hath
no fury like a woman scorned'. However, when it comes
to acid violence, things are a little different. A large
majority of the women who have fallen victim to this are
those who have rejected marriage proposals and proposals
for sexual relationships, the perpetrators being the scorned
suitors. To date, the perpetrators of acid violence have
always been men.
What
makes a man so vindictive that he must throw acid on a
person in order to seek revenge? Are there any socio-cultural
factors that affect the male members of society to such
an extreme that acid violence is the only way in which
to resolve a dispute? Why is it that in a group of friends,
only one will think about throwing acid? There are, unfortunately,
no concrete evidence as to what compels a person to throw
acid. However, if we look at the tool used, we see that
it is comparatively cheaper that a knife or a gun, it
can be thrown from a distance - avoiding proximity and
giving the perpetrator time to flee the scene - and the
result is painfully permanent. The perpetrators are mainly
unemployed, frustrated youth, and, due to a lack of recreational
facilities in rural Bangladesh, whose idle minds sometimes
became the 'devil's workshop'. If such a youth was rejected
by a young woman, that might be construed as an insult
to his masculinity and that is when acid may seem to be
the most effective means to make the girl remember her
'mistake'. The concept of women as chattel or objects
is, sadly still regarded in the patriarchal society of
Bangladesh. The fact that the perpetrator has the time
to buy the acid and lay a plan on how to administer it,
shows the cold-blooded nature of the crime.
What
happens when a person is attacked with acid? Unless treated
with water immediately after the attack, acid corrodes
the skin, burning its way down to the bone. In some instances,
the bone also melts away. Needless to say, the pain is
excruciating. Treatment is also painful, as the burnt
upper layers have to be gently peeled away to allow for
healthy scar tissue to form. There is always the fear
of infection and victims who have large areas of their
bodies burnt are rendered immobile. What of the availability
of acid? Unfortunately, acid it sold openly in chemist
and homeopathy shops and local medicine dispensaries and
can be found in goldsmith workshops and shops selling
and repairing car batteries. It is also openly sold around
the tannery factories. Despite the law, there are no checks
as to the trade in acid and other corrosive substances
and those selling the liquid ask no questions. There is
even, allegedly, a good trade in cross-border smuggling
in acid, which may play a role in contributing to the
high rate of acid violence in the border districts.
The
laws
The President of the Peoples' Republic of Bangladesh approved
the Acid Control Act 2002 and the Acid Crime Control Act
2002 on 17 March 2002. The laws were promulgated to meet
the demands that acid crimes be controlled and perpetrators
receive swift punishment and that the trade in acid and
other corrosive substances be guarded by legal checks
and balances to prevent their easy accessibility.
A
lot of though has been given to the drafting of these
laws, especially in the area of compensation to the victim,
carelessness of the investigation officer, bailability,
magistrate's power to interview at any location, medical
examinations and protective custody, the setting up of
an Acid Crime Control Council and (District) Acid Crime
Control Committees, establishing rehabilitation centres,
licences for trade in acid, etc.
According
to the Acid Crime Control Act, this law aims to rigorously
control acid crimes. It houses stringent punishments ranging
from the death sentence to life imprisonment, to between
fifteen to three years and a hefty fine. The variations
of punishments depend on the gravity of the crime. For
example, if the victim dies due to the crime, or totally
or partially looses sight or hearing or both or 'suffers
disfigurement or deformation of face, chest or reproductive
organs', the punishment is the death penalty or life imprisonment.
Interestingly enough, the Act provides that if the Acid
Crime Control Tribunal feels that the investigating officer
has lapsed in his duty in order to 'save someone from
the liability of the crime and did not collect or examine
usable evidence' or avoided an important witness, etc.,
the former can report to the superior of the investigating
officer of the latter's negligence and may also take legal
action against him.
The
Acid Control Act has been introduced to control the "import,
production, transportation, hoarding, sale and use of
acid and to provide treatment for acid victims, rehabilitate
them and provide legal assistance". The National
Acid Control Council has been set up under this act, with
the Minister for Home Affairs as its Chairperson. Under
this Council, District-wise Committees have been formed
albeit, only in six or seven Districts to date. Members
of the Council include the Minister for Women and Children
Affairs, Secretaries from the Ministries of Commerce,
Industry, Home Affairs, Health, Women and Children Affairs,
and representatives from civil society as specifically
mentioned in the law. This allows for a broad spectrum
of representation. More importantly, according to this
law, businesses dealing with acid need a license to do
so, and the government has arranged for a Fund to provide
treatment to victims of the violence and to rehabilitate
them, as well as to create public awareness about the
bad effects of the misuse of acid.
The
realities
Despite the Acid Laws of 2002, why do annual figures on
reported incidents of acid violence continue to stay above
300 (where almost 85% of the victims are women)? Why is
it still so easy to procure acid and sell it openly without
a license? According to studies carried out by the Acid
Survivors Foundation, there are several reasons for this
and for why the law is not being implemented properly.
Some of the more noteworthy reasons are as follows:
There
is yet to be a separate, modernised Investigation Department
with trained investigators in the police force and overburdened
police are unable to carry out their investigation duties
properly. This may result in hurriedly written reports
and inefficient investigation. Many NGOs have called for
the formation of a separate department, but pleas fall
on seemingly deaf ears. Furthermore, there is not follow-up
done as to whether businesses are procuring licenses for
the sale and trade of acid.
Doctors
are unable to identify acid burns, due to lack of training
and medical certificates are not clear and sometimes vital
information is not noted down, thus weakening the evidence.
Furthermore, many doctors are reluctant to come to court
to give evidence. Lack of sufficient judges and judicial
officers in the lower courts causes delay in hearings
and cases are either not heard on time or remain pending.
Many
of the above findings are applicable to other sectors
where lack of implementation of the law causes serious
damages in matters pertaining to violence against women
such as rape and dowry-related violence. This being the
case, why are no steps being taken to rectify the matter?
Issues of violence against women still remain in the medieval
era in the country. Non-government organisations are doing
their bit to create awareness against acid violence and
the social and legal repercussions it has. The government
is now legally bound to do its share, under the 2002 Acid
Laws. A lot of power has been given to the National Acid
Control Council and it must gear up its activities and
not wait for NGOs to prompt it into action.
The
writer is an Assistant Professor, School of Law, BRAC
University.
