Is death penalty the only answer to prevent rape?

M A Hossain

Our lives begin to end the day we become silent about the things that matter.- Martin Luther King jr.

In the wake of country-wide protests over the alarming increase of rape incidents in the society have paved the way to amend the existing law by the government, to make death sentence the highest punishment for committing rape. On October 13, there was a"reintroduction" of death penalty for single perpetrator rape in the woman, and children repression prevention (Amendment) ordnance 2020 after the woman and children repression prevention(special provisions) act 1995 and the 2000 Act. Definitely, it's a holy commendable move by the government to show zero tolerance towards rapists. But will this reform have any paradigm shift in our society or significant impact on the judicial system for rape. Let's analyze the reality.

The death penalty was existed for rape last 25 years. But this capital punishment could not throttle such heinous crime. This because of the judicial conscience to exhibit extra caution for avoiding guilty verdict on capital punishment. Every judge always strongly demands a zero errors standard of proof to give verdict on death penalty in any case. To substantiate this statement, we find only 3 percent convention has turned up in rape case filed in Dhaka's tribunal. More so, we don,t have sentencing guidelines in rape laws. That means, a rape survivor has to avail an unattainable standard of evidence against the rapist which will ensure the gallows or else culprit will get acquitted. Also the law does not allow any other alternative punishments.

There are few major obstacles to exhibit full proof evidence against the rapist on trial. First, rapists are always pertaining to the power monger regarding political, financial, and psychological disorder. This very power imbalance makes difficult to get justice for rape survivor. Secondly, social stigma play a significant role to preclude the victim from taking legal action. A rape survivor becomes the pariah in the society. Our society puts a rape survivor in an ordeal of attire, attitude, anti-social proficiency instead of their rapist on account. Guardians make victim hush to stem further deterioration of their family honor in the society even a president of a super power country paid, 'hush money' to a woman for this. Thirdly, lack of efficiency to handle a rape case within the legal framework by our law enforcement agencies and public prosecutors make it more difficult for the victims to pursue and prove the case in court. A burning example, OC Moazzem an abettor to the much-hyped Nusrat murder case dropped from the murder charges. Fourth, section 155(4) of the Evidence Act 1872, has a provision for defense lawyer to raise questions about the character of complainants on trial proceedings. This discriminatory and humiliating provision give the rape survivor a feeling that they are being trialled not their rapist. And at the very beginning they become exhausted to proceed further legal battle. 

It will be unjust if our concerted effort to be so short- sighted in our demands for justice. We need to focus on a society of politically and economically strong. A strong political will, and it's implementation can only eliminate such heinous crime for its people irrespective of age, gender and economic status. Social values, ethos and religious teachings need to be embedded from the very beginning of our primary and secondary life and enforced from tertiary level. Archaic rape, and evidence laws need to be reformed in line with human rights standards and expertise our investigatory organization for fair and speedy trial. Last but not the least, a social awareness against sexual violence and concerted effort to raise our voices against sexual violence at any time, any place could eradicate this heinous crime. Albert Einstein said, the world will not be destroyed by those who do evil but by those who all are watching this without doing anything.

This article published at:

1. The New Nation,bangladesh:29Oct20

Asia: The game-changer for the superpower

M A Hossain

The United States has been trying relentlessly for building an international coalition against China. The US has adopted 'contain policy' and already the indicators of a gathering storm are getting alarmingly visible now. The anti-China, Indo-Pacific military alliance is known as"Quad" and the US's extraordinary momentum on Indo-Pacific Strategy(IPS) have finally revealed the maneuvering theater or launching pad for another game-changing Cold War.

If we study the map of Asia, we find an endeavor of checkmate in the real chessboard between two superpowers- the US and China. Japan, South Korea — North Korea, Taiwan — Hong Kong, India — Pakistan, Sri Lanka, Myanmar, Saudi led the US allies — Afghanistan, Iran all these countering pawns are guarding and checking each other to keep the regional situation stable. There are many entry points to mainland China but from the military point of view, the South China Sea will be the main theater is to get entrance for the USA. Russia, Central Asian states or ASEAN states will not allow the USA to get the military advantages in any hot conflict between the US and China. After the recent China India spat, that only leaves South Asia the most likely theater for the US to contain China effectively. The US quickly turns up for IPS and shows its great interest in inviting the initiatives for geospatial cooperation with South Asia. If India at extreme point gets involve in the US-led assault on China, in turn, entire South Asia(especially Nepal, Bhutan Bangladesh and Pakistan) will be into a deadly battlefield of superpower hostility. No doubt, except Bangladesh entire South Asia, is polarized into two superpowers. Bangladesh will be in immense pressure from her close ally India as well as the US. Bangladesh may be dragged with lucrative offers or threatened to confiscate of USD 38 billion reserves like Iran, Venezuela, Cuba to join the US-led allies. But China has already created a countermeasure with the Rohingya crisis, and China-built submarine network. To bar from leaning to the U.S. alliance, China has come forward with prodigious economic assistances for neutral states in this region. There is also the port facility from Sri Lanka, Pakistan and Myanmar for China.

Other Asian nations are also spiralling from one peak to another on political turmoil. Belarus people are on the street against the malpractices of the President. Hong Kong and Thailand continue spat on its internal political crises. Iran, Iraq, Syria and Yemen remain to engage in intra conflict. Gulf nations were polarized by Trump's inane attempt to restore peace. Lebanon has once again faced a deep political crisis after the Beirut blast. Myanmar continues persecution on Rakhine state in the name of insurgents clearing operation. ASEAN and the EU are not happy on Trump's administration, and that already has surfaced unprecedentedly during various world leaders' forum. China, Nepal, Bhutan have border demarcation problem with India. Afghanistan, Pakistan, Maldives and Malaysia are facing internal political crises. This de-escalation of peace is prevailing for showing supremacy as sabre-rattling tactics by the superpowers.

So, the US-China war will be nothing but to shrink the Chinese fastest-growing economy or contain Chinese influence or accessibility to Eurasia. Socioeconomic strength is the main indicator to lead the world from the forefront. President Trump has walked out from various world organizations to avoid donations of a huge sum as America is facing ever worst economic recession but China is filling that vacuums. And this is the norms to be the number one superpower. Now America's supremacy is at stake, so, she will leave no stone unturned to ruin China's ambition to become the number one superpower.

This article published at

1. The New Nation, Bangladesh :26oct20

2. South Asia Journal, USA:27oct20

3. Review Nepal, Nepal:27oct20