Parliament has passed an amendment to the Evidence Act 1872 to remove the capacity of the defence in a rape case to question the alleged victim’s character or past sexual behaviour, bdnews24.com reports.
A provision has also been included in the colonial era law to allow digital information as evidence in trial.
Women's rights activists have long been demanding the amendment be made because, they said, the section of the law not only threatened to bring social ignominy to the alleged victims, but also allowed the defence to call into question the victims’ statements to hinder justice.
Bangladesh Legal Aid and Services Trust, or BLAST, described such practices as “second rape” in a report.
Section 155 (4) of the law stated when a man is prosecuted for rape or an attempt to ravish, “it may be shown that the prosecutrix (female prosecutor) was of generally immoral character”.
The amendment passed on Thursday removed this section of the law. It, however, kept a provision that will still allow the defence to question the victim’s character if the court thinks it is necessary for the sake of justice.
“This section was stigmatising for women. It has been amended, which will bring honour to them and the country,” said Law Minister Anisul Huq.
BNP MP Rumeen Farhana, a barrister by training, welcomed this amendment, but objected to the inclusion of digital information as evidence, saying fake videos or photos can be used to suppress dissent.
The amendment has a provision for forensic examination of digital information if someone objects to the piece of evidence.
