Bangladesh
Characterless Government decides to repeal section calling women 'characterless'
Dhaka, November 17: The government has decided to repeal the existing section of the 1872 Evidence Act calling women 'characterless'.
AM Amin Uddin, the state's chief legal officer, told a High Court bench comprising Justice M Enayetur Rahim and Justice Md Mostafizur Rahman at a writ petition hearing on Tuesday (November 16).
The court later adjourned the hearing of the writ till January 4 next year. Attorney General AM Amin Uddin and Deputy Attorney General Bipul Bagmar represented the state in the court.
Advocate Z I Khan Panna and Barrister Sara Hossain appeared for the writ petition. They were assisted by Barrister Sharmin Akhter Shiuli and Advocate Md. Shahinuzzaman.
Last Sunday (November 14), Barrister Sara Hossain filed the writ petition on behalf of Bangladesh Legal Aid and Services Trust (BLAST), Ain o Salish Kendra (ASK) and Naripokkho. In the writ petition the Ministry of Law was made the respondent. In the writ petition, a writ petition was filed seeking annulment of two provisions 155 (4) and 146 (3) of the existing section of the Evidence Act of 182. The writ petition seeks repeal of two sections of the Evidence Act of 1872, including the provision of "Women who complain of sexual offenses are generally characterless". At the same time, a request was made to issue a rule as to why sections 155 (4) and 146 (3) of the Evidence Act, 1972 should not be declared unconstitutional and repealed.
Lawyer Sara Hossain said sections 155 and 146 of the Evidence Act state that if a woman is a sex offender, she can be questioned in court about her character and history. There has been a movement to cancel these for a long time. Now I have taken refuge in the High Court. The validity of the two sections has been challenged in the writ.
Under Section 155 (4) of the Evidence Act of 1872, when a person is convicted of attempted rape or indecent assault, it may be shown that the complainant is generally a characterless woman.
