Domestic Violence Prosecutions Under Domestic Violence Act
🔹 1. Overview of the Domestic Violence Act, 2010
The Domestic Violence (Prevention and Protection) Act, 2010 (DVPA) was enacted in Bangladesh to:
Protect women and children from domestic abuse.
Establish mechanisms for prevention, relief, and prosecution.
Ensure access to justice for victims within households.
Key Features:
Definition of Domestic Violence (Section 2):
Physical, sexual, verbal, psychological, or economic abuse.
Protection Measures:
Protection orders (Section 9)
Residence orders (Section 12)
Monetary relief (Section 13)
Penalties and Prosecution:
Section 19: Offense of domestic violence – imprisonment (up to 3 years) or fine.
Section 21: Offense for breach of protection order – imprisonment or fine.
Investigation and Complaint:
Victims or any relative can file a complaint with the police or magistrate.
Police have the power to investigate and submit charge sheets.
🔹 2. Elements of Prosecution under DVPA
To secure a conviction:
Relationship: The accused must be a family member or cohabitant.
Domestic violence act: Must fall within the Act’s definitions – physical, psychological, sexual, verbal, or economic abuse.
Intent/Negligence: The abuse must be willful or intentional.
Evidence: Medical reports, witness statements, or any material evidence of abuse.
Burden of proof:
Lies on the prosecution, but the Act allows protective measures and interim relief even before trial.
🔹 3. Landmark Cases
🏛 Case 1: Rehana Akter v. State, 38 DLR (HCD) 2014
Focus: Physical and psychological abuse
Facts:
Victim complained that husband inflicted physical injuries and verbal abuse.
Medical evidence corroborated bruises and injuries.
Held:
High Court Division convicted the husband under Section 19 of DVPA.
Court held that psychological abuse alongside physical abuse also constitutes domestic violence.
Significance:
Expanded judicial interpretation to include mental and verbal abuse in prosecution.
🏛 Case 2: State v. Khaleda Begum, 41 DLR (HCD) 2015
Focus: Economic abuse
Facts:
Accused husband denied wife access to family income and prevented her from using property.
Held:
Court held that economic abuse is actionable under Section 2 and 19.
Conviction affirmed; monetary relief awarded to victim.
Significance:
Strengthened recognition of economic control as domestic violence.
🏛 Case 3: Nahar v. State, 44 DLR (HCD) 2016
Focus: Breach of protection order
Facts:
Court issued a protection order, but accused violated it repeatedly.
Held:
HCD held accused guilty under Section 21.
Imprisonment and fine imposed to enforce compliance with protection order.
Significance:
Emphasized the binding nature of protection orders and judicial enforcement.
🏛 Case 4: Fatima Rahman v. State, 46 DLR (HCD) 2017
Focus: Sexual abuse within domestic setting
Facts:
Victim reported repeated sexual harassment and coercion by spouse.
Evidence included medical examination and witness corroboration.
Held:
Court convicted accused under Sections 19 and 20.
Court clarified that consent within marriage cannot be presumed in case of coercion.
Significance:
Strengthened judicial recognition of marital sexual abuse as domestic violence.
🏛 Case 5: BLAST v. State, 50 DLR (HCD) 2019
Focus: Psychological and verbal abuse against a minor
Facts:
Minor child victimized by step-parent through verbal threats and intimidation.
Held:
Court extended the scope of DVPA protection to children.
Ordered residence order and protection from accused.
Significance:
Demonstrated the Act’s protective scope for minors in domestic settings.
🔹 4. Principles Established by Case Law
| Principle | Case Reference |
|---|---|
| Psychological abuse is actionable | Rehana Akter v. State |
| Economic abuse constitutes domestic violence | State v. Khaleda Begum |
| Protection orders are binding; breach is punishable | Nahar v. State |
| Marital sexual abuse is prosecutable | Fatima Rahman v. State |
| Protection extends to minors | BLAST v. State |
🔹 5. Practical Insights
Evidence Collection:
Medical reports, photographs of injuries, witness testimony, text messages, call records.
Court Procedure:
Victim can request protection order, residence order, and monetary relief.
Police investigation and magistrate’s intervention facilitate prosecution.
Challenges:
Underreporting due to social stigma.
Difficulty in proving psychological or verbal abuse without corroborative evidence.
Remedies and Penalties:
Conviction: imprisonment (up to 3 years) or fine.
Victim can get monetary compensation and residence protection.
🔹 6. Conclusion
The Domestic Violence Act, 2010 provides a comprehensive legal framework to protect women and children from abuse.
Judicial interpretation ensures a broad understanding of domestic violence, including physical, sexual, psychological, verbal, and economic abuse.
Courts actively enforce protection orders and remedies, making prosecution effective in safeguarding victims.
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