Justice fails rape survivors on compensation
Rape survivors in Bangladesh rarely receive compensation due to legal loopholes, social stigma, and the absence of mandatory provisions requiring courts to award financial redress, according to legal experts and rights advocates.
Although courts have discretionary power to convert fines imposed on convicted rapists into compensation for victims, there is no legal obligation to do so, leaving many survivors without financial or psychological support.
A notable example dates back to 2019, when a 22-year-old college student was raped by two police officers from Saturia Police Station in Manikganj.
Despite the gravity of the crime, the victim declined to appear before the High Court (HC) to claim compensation, citing legal complexities and social pressure.
In its ruling, the HC asked the home secretary, the inspector general of police, and the police superintendent of Manikganj to explain why they should not be directed to pay Tk 50 lakh in compensation to the victim.
Legal experts say such cases highlight systemic barriers that discourage survivors from seeking redress.
Fines imposed on convicted rapists are often paid to the state rather than the survivor, and whether the fine is converted into compensation depends entirely on judicial discretion.
There is also no clear provision in existing legislation that guarantees financial or psychological support for survivors.
The proposed Crime Victims Compensation Act and tort law remedies remain largely unimplemented, further limiting access to justice.
According to a 2021 analysis by the Bangladesh Legal Aid and Services Trust (BLAST), of 44 rape cases filed under the Women and Children Repression Prevention Act 2000, tribunals ordered compensation for victims in only three cases.
In around 93 per cent of cases, fines imposed on perpetrators were not converted into compensation.
Supreme Court lawyer Badrul Ahsan told The New Nation that Bangladesh’s penal laws and related legislation remain largely silent on compensation for rape victims.
“Fines imposed in criminal cases often go to the state rather than the victim.
If the law were interpreted or reformed to ensure that such fines are treated as compensation for survivors, it could mark a significant shift in both the legal system and societal attitudes,” he said.
He added that recognising victims’ right to compensation through judicial enforcement would help restore dignity and provide a measure of justice to survivors.
The Crime Victims Compensation Act was recommended in Bangladesh Law Commission Report No. 75 (2006), proposing the creation of a dedicated legal framework and victim services committees in every district to provide financial assistance to victims of violent crimes. However, the recommendation has yet to be implemented.
Supreme Court lawyer Tasmiah Nuhiya Alamin said rape victims in Bangladesh rarely receive compensation and the issue remains largely overlooked in the legal framework.
“In many cases, survivors do not receive any form of compensation, and this critical aspect is neglected in the justice system,” she said to The New Nation on Thursday.
She also raised concern over the continued practice of pressuring victims into marrying their accused rapists, describing it as a serious violation of constitutional rights driven by social stigma and fear.
“Neither the Crime Victims Compensation Act nor tort law mechanisms are effectively implemented in practice, leaving survivors without civil remedies,” she added.
Under Section 15 of the Nari O Shishu Nirjatan Daman Ain 2000, courts can impose fines on offenders and may convert them into compensation for victims.
Similarly, Section 545 of the Code of Criminal Procedure (CrPC) allows courts discretionary power to award compensation, but the provision is rarely enforced.
Supreme Court lawyer Sayed Mahmud told The New Nation that the rape victims should receive compensation as a matter of right.
“Victims often fear claiming compensation because the state and law enforcement agencies are sometimes perceived as adversarial in such cases,” he said.
“In a civilised society, rape victims must have guaranteed access to compensation as part of justice.”
Senior Advocate Dipti Shikder, Director of Advocacy and Lobby at Bangladesh Mohila Parishad, said compensation procedures are slow and inadequate, while many survivors require long-term medical and psychological support.
“The state should establish a dedicated compensation fund for victims of violence. A holistic approach is necessary to address both financial and psychological needs,” she informed The New Nation.
She pointed to international examples, noting that India provides immediate financial assistance through its National Legal Services Authority (NALSA), where rape victims receive at least Rs 4 lakh in compensation.
In the UK, the Criminal Injuries Compensation Authority (CICA) provides structured compensation for sexual assault survivors, while Taiwan and Hong Kong offer both financial support and psychological treatment.
Legal experts say adopting similar mechanisms in Bangladesh could help ensure timely compensation and restore dignity to survivors, while strengthening the justice system’s response to sexual violence.
