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Case Number: Writ Petition No. 458 of 2020
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Case Number: Writ Petition No. 458 of 2020

Date of filing: 2020/01/12

Petitioners

1. Children’s  Charity Bangladesh Foundation (CCB Foundation)
2. Bangladesh Legal Aid & Services Trust (BLAST)

Respondents

1. Bangladesh, represented by the Cabinet Secretary
2. Secretary, Ministry of Home Affairs
3. Secretary, Ministry of Women and Children Affairs
4. Secretary, Ministry of Law, Justice and Parliamentary Affairs
5. SEcretary, Ministry of Education
6. Secretary, Ministry of Labour and Employment
7. Secretary, Ministry of Finance
8. Secretary, Ministry of Posts, Telecommunication and Information Technology
9. The Inspector General of Police
10. Chairman, University of Grants Commission, UGC Bhaban
11. Chairman, Director of Department of Labor,
12. Chairman, Department of Information and Communication Technology Division.

Facts

The Bangladesh Legal Aid & Services Trust (BLAST) and Children Charity Bangladesh Foundation (CCB Foundation) filed this writ petition following widespread news reports on 06.01.2020 regarding rape upon a second year student of Dhaka University at Kurmitola. According to the reports, the victim was walking from Kurmitola bus stop to a friend’s house in a nearby area at or about 7.30 pm, and soon after she alighted from the university bus, someone grabbed her from behind, gagged her and took her to an isolated place nearby where she was raped and tortured there. On regaining consciousness after 10 pm she went to the Dhaka Medical College Hospital with the help of her friends. She was found traumatized and disoriented by the doctor and police in the hospital. A criminal case was then filed in the Cantonment Police Station on 06.01.2020, which is now under investigation. This incident has caused an uproar across the country and demands for justice. Besides, several recent incidents of rape and sexual harassment have created a heightened sense of insecurity among women and girl all over the country.

The petitioners were represented by Barrister Abdul Halim, who was assisted by Barrister Sharmin Akter (Senior Staff Lawyer of BLAST. Advocate Amit Talukder, Deputy Attorney General with Advocate Samiul Haque Sharkar represented the respondent Ministries.

Rule/Order/Judgment

Date: 19/01/2020

Details

Rule Nisi was issued to show cause as to why directions should not be passed to provide effective security and safety at all public places in the country, so that commuter, in particular, girls, student girls, working girls and women using access of public areas are not prone ro sexual abuses and rape and to form an expert committee to introduce, produce and/or import personal safety alarms/kits/devises which once activated will in addition to making alarm sound to alert people around, connect to 999 number of the law enforcement agencies so that the offenders of rape and sexual assaults can be identified and spotted instantly and whereby the vicitms of rape, gang-rape, stalking, eve teasing, abduction may be technologically activated and used for better security and efficient and prompt performances of duties by the respondents in tracking and bringing the offenders to justice and/or pass such other or furhter order or orders as to this court may seem fit and proper.

The court further directed the respondent no 8,9, and 12 to form an expert committee with an information technology professor from IT department of Bangladesh University of Engineering and Technology (BUET) to introduce, produce and/or import personal safety alarms/kits/devices which once activated will in addition to making alarm sound to alter people around, connect to 999 number of the law enforcement agencies so that the offenders of rape, gang-rape, stalking, eve teasing, abduction may be technologically activated and used for better security and efficient and prompt performance of duties by the respondents in tracking and bringing the offenders to justice and also directed to submit the report to the court on an an before 30.03.2020.

Justices

Mr. Justice M. Enayetur Rahim
Mr. Justice Md. Mostafizur Rahman

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Area of law

Life,
Access to Justice

Keywords

Anti- rape device, protection for rape victim

Relevant statute

Constitution of Peoples’ Republic of Bangladesh
Penal Code
Labour Code