The study was carried out with close coordination of HRLS program and their cooperation in this regard is commendable. BRAC's HRLS program aims to bring judicial remedy to rape victims, but it faces several legal challenges in the process. Using a qualitative method, data were collected from thirteen rape cases from the HRLS program and used for case studies in this paper.
One of the activities of the HRLS program is legal assistance to poor clients in filing civil and criminal cases in court. Rape has the lowest conviction rate among the cases of violence against women handled by the HRLS program (Table 1). This study focused on the legal challenges faced by the BRAC HRLS program in its efforts to provide legal remedies to rape victims.
A rape victim begins her relationship with the BRAC HRLS program and files a complaint with BRAC's legal aid clinic. The nature of lawsuits handled by the BRAC HRLS program since 1998 to 2007 and the degree of judgment obtained in favor of HRLS program clients. 1998 to 2007 and the lowest frequency of convictions in favor of the clients of the HRLS program in violent cases.
The HRLS Assessment Report (Hossains and others 2007) accepts that there remain frustrations and obstacles for HRLS program clients in taking up legal proceedings.
FINDINGS
OF NARI-O-SHISHU NIRJATAN DAMAN AIN, 2000: THE IMPORTANCE OF MAKING STATEMENT BEFORE MAGISTRATE BY
Later, PLs did not use this statement during the suspect's bail hearing or even at the argument stage. In front of the judge she showed with a closed fist that she wanted punishment for the suspect. However, all case studies found delay and negligence in arresting the suspect.
It is the court's duty to ensure that both sides are not hampered. BRAC's PL said that she was not even properly informed about the bail hearing. In all the case studies, the victim's family felt that granting bail to the accused posed a threat to the victim's safety.
Even Rita's father, when provoked by the defense, told the court that he had given the accused's name as an assumption. Selina's mother said that her sister could not go to school because of the accused's threat. Although the DLs mentioned case references, the PLs did not mention a single case reference in favor of the case.
Lawyers said he must prove the case in a way that is sometimes impossible in the context of the victim. It is about the indifference of the judges towards the practical limitations of a victim. On the last day of arguments (both sides made oral arguments), DLs pointed out the witnesses' inconsistent statements.
Given the age of the accused, life imprisonment was imposed instead of the death penalty. State of Gujrat (AIR 1983, SC 753) it was held that the statement of the victim can be considered as factual. The Committee's report is too long to be discussed in detail in this report.
This has seriously weakened the public's confidence in the system's effectiveness. According to the committee's discussion, the doctrine of proof beyond a reasonable doubt can be waived.
RECOMMENDATIONS FOR HRLS PROGRAMME
POs and SLs must be trained by lawyers on how to write an effective FIR so that they can use this skill while accompanying the victim at the time of lodging the FIR. Providing law enforcement and law enforcement officers with training to know how to respond strategically to the police and judges. Providing training for POs and SLs on how to properly counsel rape victims and their families.
Reducing the workload of SLs so that they can have time to focus on coordinating between PLs and clients and protecting witnesses and victims. Compel the witnesses to appear before the Magistrate to give statement u/s 164 CRPC as soon as possible after the incident. Workshop with Special Court Judges to learn about the credibility of BRAC's work.
Send books and materials to assess the latest legal developments on women's rights issues in other countries and changes on confirmation issues and the doctrine of beyond a reasonable doubt. Organize workshops with local police authorities to make them understand their important role in investigation and prosecution. Campaign through newspapers to create pressure on the police to arrest the accused as soon as possible or to prevent bail.
Activating the LRIC and other local elites to protect victims and witnesses and closely observe witnesses at the community level. Beginning to advocate with the government for new changes to the law of evidence to make it easier to prosecute rape cases. The amendment may include requiring a lower standard of proof and shifting the burden to the accused.
As in India, with the inclusion of 114 A of the Evidence Act, it has been used that if the sexual relationship of the accused is proved and the victim states in her evidence that she did not consent, the court presumes that she did not consent and the burden of proof shifts to the accused to prove , that she gave her consent. The European system assigned a very active role to the victim or his representative in criminal proceedings. Advocating for the evidence of medical witnesses, government scientific experts to be confirmed as evidence in the form of affidavits, and rebuttal of the same by the opposing party is done by counter affidavit.
DISCUSSION AND CONCLUSION
The study found that one of the important factors in defending rape cases is the inconsistencies of witnesses. Intimidation and provocation on the part of the suspect play a major role in such inconsistent statements. It has been pointed out that the judges' discretion regarding medicolegal report, bail, the 'benefit of the doubt' and 'beyond reasonable doubt' doctrine in legal literature along with other factors contribute to the acquittal of the suspect.
However, coming to the last stage when all efforts would be futile due to inconsistent witness statements and manipulation of legal restrictions by DL; advocacy with the judge through the provision of legal literature worked to bring about a remedy. Since the findings of the study show some limitations of the law and practice in the court and the effect of these deficiencies in providing legal remedy to the victim, recommendations are also presented for advocacy to reform those laws and practices. In the HRLS review report (Hossains et al. 2007, Draft Operational Plan), proposed changes to the HRLS program are recommended as closer monitoring of problems faced in the legal process, developing more effective legal responses to problems systematically identified, monitoring PL, including PL in advocacy, developing the capacities of PLs, SLs and OPs through training and engagement in advocacy with the local judiciary and advocacy, as well as with the relevant authorities at the central level, in particular the Supreme Court for legal reforms.
The study also comes with recommendations that are similar to those from the review report. To provide more legal remedies for the benefit of rape victims, the HRLS program should expand the legal skills capabilities of their staff and attorneys. The real scenario of the struggle of the staff of the HRLS program against the legal system that provides ample scope to manipulate the laws in favor of the accused, thereby depriving the rape victim of her due, is reflected in the case studies.
Since the goal of the study ended up in obtaining legal remedies for the rape victim, it did not seriously question whether the conviction of the accused opens the door for the rape victim to lead a normal decent life in society. Unfortunately, from the experiences I saw and felt during this study, I could say that the community would never accept her without the stigma of rape. The HRLS program, BRAC, which is the largest NGO-led legal aid service in the world and whose current legal aid mission is to 'protect and promote human rights through legal empowerment, especially for the poor and marginalized' (HRLS brochure), should not finish. its effort in a rape case by convicting the accused.
Their effort must go beyond persuasion and include the reintegration of the rape victim into the community in a dignified manner. This research leaves a further area of new research on how the components of the HRLS can be effectively used at the grassroots level to help the rape victim start a normal life after receiving a remedy with community support. Implications of the remedy can be effectively used to restore the dignity of the victim in the community by using the organizational power of BRAC's HRLS program.
