DNA test can help curb rape crime

Besides, the country's legal procedure remains cumbersome. Law in most cases seems to be for the privileged few having money and access to powerful quarters. Majority of the people usually do not get justice as they cannot spend the amount of money required for fighting legal battles. Besides, in the absence of adequate number of judicial officials thousands of cases remain pending with different courts for years together.

The fatherhood of an unwanted baby has been established in Sylhet recently through DNA test, which indeed is a matter of relief for the rape victim. DNA activity started in Dhaka Medical College Hospital (DMCH) in January this year with the establishment of a laboratory in the country. Prior to this DNA test, if required, had to be done in foreign countries by sending specimens.

Rahima, a young housewife who was a domestic aid at the residence of Al-Haj Saimullah at a remote village in Sylhet, deserves congratulations for the bravery she has demonstrated by establishing the fatherhood of her unwanted baby with the help of DNA test. The report was recently published in a Bengali daily.

The victim was raped by the master of the house in 2004 following which she was driven out by the family of Saimullah and later abandoned by her husband. The crime of Saimullah has, however, been established following a case filed by the victim with Balaganj police station in Sylhet. The person held responsible for the crime has however, been rejecting the findings of the DNA test and blaming his political opponents for damaging his social image.

DNA test has been a recognised mechanism for stabilishing fatherhood, settling immigration dispute, determination of heir, identification of persons killed in accidents and help protect women's rights as well as curb various crimes.

In this backdrop the allegation of Saimullah needs to be given serious consideration so that none can ever raise any controversy over the findings of DNA test. None should be allowed to play any foul game over the DNA Laboratory which has for the first time been set up in the country. Necessary measures have to be taken by the authorities concerned for protecting the image and credibility of the DNA Test laboratory.

Wide media publicity on the availability of DNA test facilities at DMCH is also required so that people, if and when require, can go there for establishing identity of the rapists through DNA test. In the process it is believed that the criminals would get little scope to escape punishment which would gradually help curb the heinous crime. The punishment of the criminals can be expected to act as a check against the growing incidents of rape. The examples of punishment should also act as a check against this heinous crime.

The sex scandal of former US President Bill Clinton with Monica was established through DNA test. Even the death of Chittagong businessman Jamaluddin was confirmed with the help of DNA test of his skeleton recovered from a forest couple of years after the murder. Such test has been an accepted and dependable scientific mechanism for detecting criminals.

Compared to the number of incidents of rape the rate of punishment of the criminals is very negligible. Some figures of incidents of rape are given here to describe the alarming rate of the crime taking place in the country.

A total of 2798 cases of rape including 166 involving minor girls were recorded in the country in 2005 (excluding December). A total of 88 women were killed most of them after rape during the same period, records available with the police headquarters revealed. During the period 11 minor girls became victims of death after rape.

The incidents of rape in the country will be much higher than recorded with the police headquarters as in many cases victims' families want neither to file cases, nor divulge the shameful matter to others, according to relevant officials of the Ministry of Women and Children Affairs. Once an incident of rape becomes known the victim is ostracised in Bangladesh's male dominated society.

A total of 5201 persons were arrested against 31,665 accused in incidents of rape of women during 2005, meaning only one out of six accused was arrested. Of those arrested, only a very negligible would finally get punishment. Most of the criminals escape punishment reportedly through manipulation of the investigation reports greasing the palms of a section of corrupt policemen and medical people.

The number of arrests in child rape incidents was merely 339 against 1133 accused, meaning apprehension of only about 25 per cent of the accused, according to records of the Home Ministry.

Women and Child Repression Law of 2000 was amended in 2003 with provisions of stringent punishment for crimes against women and children with the objective of curbing the crime with an iron hand. There are provisions as per the law for punishment of people for dilly dally or negligence of duty in preparing medical reports of the rape victims.

The application of law is still limited as in many cases submission of charge sheet report is delayed on flimsy grounds. In the process the evidential or circumstantial proofs get destroyed taking advantage of which the criminals escape punishment.

There are also at times settlement of rape cases through "Shalish" outside the court. When such settlements do not work, the matter is taken to the police and in the process very often the evidential proofs get destroyed making the case weak.

With the availability of DNA test facility within the country and through adequate media publicity it is hoped that the rape victims would get justice. The culprits would not dare to reject the claim of the victims. The Sylhet example should act as an eye opener for other rape victims of the country.

Nurul Huda is a Special Correspondent of BSS.