Shahariar Islam Sovon :
Recent trends indicate a significant rise in criminal cases lodged with police stations and tribunals in Bangladesh, alleging rape based on promises of marriage.
These claims, filed under Section 9(1) of the Nari O Shishu Nirjatan Daman Ain, 2000, have sparked considerable debate and legal scrutiny regarding the definition and application of the term ‘fraud’ in the context of sexual relationships.
Section 375 of the Penal Code 1860 explicitly defines rape as an act committed by a man against a woman, under specific circumstances including lack of consent, coercion, and deceit about marital status.
This definition does not encompass sexual acts involving men, children, or individuals of other genders as perpetrators or victims.
However, the critical term ‘fraud’ remains undefined in both the Penal Code and the Ain, leaving its interpretation open to legal debate. Section 25 of the Penal Code provides a general definition of ‘fraudulently,’ describing it as an act done with intent to defraud. The lack of specific guidelines on what constitutes fraud in the context of promises of marriage complicates the legal landscape.
In the current climate, numerous women have lodged rape complaints, claiming that men induced them into sexual relationships with promises of marriage or under the guise of romantic involvement.
These allegations raise the pivotal question of whether such inducements should be legally recognized as ‘fraud’ under Section 9(1) of the Ain.
Legal experts and social commentators are divided on the issue. Some argue that deceitful promises of marriage should indeed be classified as fraud, thus constituting rape under the law. They emphasize the need to protect women from manipulative relationships that exploit their trust and lead to significant emotional and social harm. Assistant Professor of University of Asia Pacific told The New Nation that, the Penal Code, originally established during the British period, has formed the backbone of legal statutes in many aspects of governance in the region. However, with changing times, the nature of crimes has significantly shifted, presenting new challenges that some laws may struggle to effectively mitigate.
“In today’s context, the patterns of crime and the dynamics of societal challenges have evolved,” remarked Saleh Akram. “The Nari Shishu Nirjaton Daman Ain, while commendable in intent, may not be equipped to handle the complexities of modern forms of crime and allegations, he said. The ongoing debates underscore the necessity for clearer legal definitions and guidelines to address these complex cases. As the judiciary continues to grapple with these issues.