Human
Rights Of Accused Women In Criminal Justice In
Bangladesh
..........................................................................................................................
Md. Abdul Hannan
(1),
Md. Nazrul Islam Mondal (2), and
Md. Shahidul Islam (3).
- Department of Law
& Justice, University of Rajshahi, Rajshahi-6205,
Bangladesh
- Department of Population
Science and Human Resource Development, University
of Rajshahi, Rajshahi-6205; Bangladesh.
- Department of Law,
International Islamic University Chittagong,
Chittagong; Bangladesh.
Correspondence to:
Dr. Md. Nazrul Islam Mondal
Department of Population Science and HRD
University of Rajshahi, Rajshahi-6205, Bangladesh
Phone: +88-0721-751217, Mobile:+88-01716389187,
E-mail: nazrul_ru@yahoo.com
..........................................................................................................................
| ABSTRACT
Laws
are made with the intention to reduce
women-related crime and our main aim of
this study is to give vent to the inhuman
condition where the accused women are
found to be victims of cruel and heartless
treatments in the jails. Our study is
also related to human rights and in criminal
justices especially, where accused women
chained in the jails, experience so much
untold and heartless cruelty.
|
Key
words: Human
rights, accused women, criminal justice, Constitution
of Bangladesh.
..........................................................................................................................
Bangladesh is a densely
populated country with limited resources. The
women constitute nearly 50% of the total population
and about 74.4 millions female population live
in this country; among them 37% aged less than
15 years, 52% aged 15-49 years and only 11%
aged 50 and above and the life expectancy of
females is 62 years [1]. The term 'human being'
is inextricably and indispensably related to
two basic concepts, male and female, in the
absence of one, the other is meaningless. Male
and female, are given protection against violation
of human rights equally regardless of their
origin, place of birth, nationality or other
factors. However, any of those human rights
guaranteed as fundamental human rights may be
subjected to restriction, suspension or curtailment
for several reasons. Accusations brought against
a human being is one of the other mentionable
grounds, which may be a cardinal factor for
the restriction, suspension or curtailment of
any of the rights guaranteed to him/her as fundamental
human rights. It does not mean the total curtailment,
suspension or restriction of the right altogether.
Male as well as female segments of the society
undeniably have rights even in the event of
their being treated as accused. Thus the main
objective of this study is to ponder over those
rights guaranteed to a woman accused of a criminal
offence.
| 2.
CONSTITUTIONAL GUARANTEES OF THE WOMEN ACCUSED
|
The
Constitution of Bangladesh contains some provisions
relating to the rights of the accused, either
male or female. The Constitution provides that
all are equal before law and entitled to equal
protection of law [2]. The implication of the
term equality before law and equal protection
of law is that nobody shall, on the grounds
only of religion, race, caste, sex or place
of birth be subjected to any disability, liability,
restriction or condition. Equal treatment in
the courts of law by the authority has been
guaranteed to every citizen and non-citizen,
male or female alike. Everyone has been endowed
with the protection of law and it has been guaranteed
that no action detrimental to the life, liberty,
body, reputation or property of any person shall
be taken except in accordance with law [3].
So, everybody is subject to same treatment regardless
of sex in the eye of law.
Anybody's
life or personal liberty cannot be curtailed
provided the provisions of law for the time
being in force, which provide for such infringements
[4]. Arrest and detention issues have been properly
delineated in the said Constitution. It has
also been said that every arrested person shall
be communicated with the grounds of his/her
arrest within twenty-four hours excluding the
time necessary for the purpose of carrying the
arrestee to the nearest Magistrate Court from
the place of such arrest [5]. Every arrestee
shall be provided with the facilities of the
right to consult and be defended by a legal
practitioner of his/her choice [6]. So, the
accused irrespective of sex is on an equal footing,
and entitled to such rights. These rights, guaranteed
to an accused whether male or female, are not
absolute and beyond any limitation. Any person
who is arrested under the preventive detention
order may be denied any of those rights. An
accused is not to be prosecuted and punished
for the same offence more than once and it is
equally applied to both male and female [7].
It is one of the fundamental rights of an accused
to be punished for the commission of an offence
which is a punishable offence under the law
in force and he/she should not be subjected
to a penalty greater than or different from,
that which might have been inflicted under the
law in force at the time of the commission of
the offence [8]. Every accused either male or
female enjoys the right to a speedy and public
trial by an independent and impartial court
or tribunal established by law [9]. No person
accused of any offence is compelled to be a
witness against him/herself [10] while no one
is to be subjected to torture or to cruel, inhuman,
or degrading punishment or treatment [11].
| 3.
WOMEN AS ARRESTED AND DETAINED PERSONS |
A
person may be imprisoned either as an arrested
or detained person. Either male or female may
fall into this category. The laws regarding
arrest and detention are not similar. There
exists a separate law to deal with each of the
issues. In Bangladesh, the Code of Criminal
Procedure (Cr.P.C.), 1898 deals with the provisions
regarding arrest.. Chapter V of the said Code
expresses the provisions of arrest in Bangladesh
[12]. Under this chapter arrest may be made
generally [13] and it may also be made without
warrant [14]. Both male and female may be arrested
under the provisions of this chapter. While
arresting anybody under these provisions, the
Police Officer or person concerned making arrest
has been empowered to make actual touch of the
body of the person to be arrested [15]. In case
of women the female police would should touch
the accused but the practice is different from
existing law. The Police Officer or person concerned
making the arrest has also been allowed to use
all necessary means to ensure the arrest if
the person to be arrested makes any endeavour
or attempt to evade the arrest [16]. The Police
Officer or person concerned making the arrest
has also been empowered to cause the death of
the person to be arrested in such situation
if he/she is accused of an offence punishable
with death or with imprisonment for life [17].
Again a Police Officer has been empowered to
arrest any person without an order from a Magistrate
and without a warrant under the provision of
Section 54 of the Cr. P. C. [18].
On
the other hand detention is made following the
provisions of the Constitution of Bangladesh.
Article 33 of the said Constitution speaks of
the provisions regarding detention of any person
[19]. Under this law, any person whether male
or female may be arrested and detained before
committing any cognisable offence if reasonable
apprehension exists in the mind of the authority
that he/she may commit such offence if he/she
is allowed to move freely.
Anyway,
both male and female who have been arrested
and detained both under general and special
laws have some basic human rights. It is a common
provision that the female prisoners should be
separated from the males. Again, an arrested
or detained woman who is pregnant should be
given special care and attention. If a person
is arrested under general law following the
order of a Magistrate or without the order of
a Magistrate, he/she would be placed before
the Magistrate within twenty four hours excluding
the time necessary for the journey from the
place of arrest to the court of the Magistrate.
He/she should be communicated with the grounds
of such arrest [20]. But this right has been
denied to a person who has been detained or
arrested under any law providing for preventive
detention [21].
| 4.
SEARCH AND SEIZURE OF WOMEN ACCUSED |
Due to the difference
of sex, women need to be searched in a special
way and the process of searching of a woman
is totally different from that of a man. There
exists particular provisions' regarding the
search of women accused. Search may be of two
kinds; the place suspected to be the abode of
the accused may be required to be searched in
order to find out and ensure about whether the
accused is actually there. In that situation,
the person acting under a warrant of arrest,
or any Police Officer having authority to arrest
has reason to believe that the person to be
arrested has entered into, or is within, any
place, the person residing in, or being in charge
of, such place, shall, on demand of such person
acting as aforesaid or such Police Officers,
allow him free ingress thereto, and afford all
reasonable facilities for a search therein [22].
If the demand mentioned above is not fulfilled
then the person acting under a warrant of arrest
or the Police Officer is empowered to break
open any outer or inner door or window of any
house or place, whether that be of the person
to be arrested or of any other person [23].
If that place where the accused is suspected
to be residing is an apartment in the accused's
occupancy of a woman, not being the person to
be arrested, who according to custom, does not
appear in public, such person or Police Officer
shall, before entering such apartment, give
notice to such woman that she is at liberty
to withdraw and shall afford her every reasonable
facility for withdrawing, and may then break
open the apartment and enter it. After arrest
is made, the arrested person, male or female,
may be searched by the Police Officer arresting
the accused or in case of private individual,
the Police Officer to whom the private individual
makes over the arrested person and the search
should be made in a safe custody [24]. All articles
other than necessary wearing apparels found
upon him may be searched. The female arrestees
are, in a bit, taken under special provision
in this case. If it becomes necessary to cause
a woman to be searched, another woman shall
make the search, with strict regard to decency
[25]. So, the safeguards as to search of an
accused woman by the Law Enforcing Agency (LEA)
reveals that while searching any arrested woman,
the rules of decency that is the assurance of
honesty, politeness in behaviour that follows
the accepted moral standards and shows respect
for others should be strictly followed to its
entirety. Another meaning of this is that while
searching an accused woman utmost respect and
honour have to be shown to the magnanimity of
her privacy. Inviolability of her privacy as
a female should be given due respect [26].
| 5.
WOMEN ACCUSED AT FAIR TRIAL |
Right to a fair trial
is one the fundamental human rights of every
individual. Every individual should enjoy the
facility to get justice regardless of the difference
of sex, race, caste, colour, place of birth
and so on and so forth. The Constitution of
Bangladesh says that all are equal before law
and are entitled to equal protection of law
[2]. Every human being should be treated responding
to all of the principles of natural justice.
The women accused shall be provided with the
right to consult with a lawyer of her own choice
and no one shall be deprived of that for the
sake of fair trial [5]. Each should be treated
on the basis of the law in force at the time
of the commission of offence [7]. None of the
accused in police custody shall be prosecuted
and punished for the same offence more than
once [8]. Speedy and public trial by an independent
or impartial court or tribunal established by
law is a basic human right and none should be
denied of that [9]. The accused under trial
shall be guaranteed the right of not to be a
witness against herself [10]. The accused if
convicted shall not be subjected to torture
or to cruel, inhuman, or degrading treatment
or punishment [11].
| 6.
RIGHTS OF WOMEN PRISONERS |
The
life of the prisoners both male and female in
Bangladesh is regulated by the provisions set
out in the Jail Code. The male and female prisoners
are generally classified into under-trial prisoners
and convicted prisoners. Besides, there also
exists provisions for the children and juvenile
prisoners. Life of each class of the prisoners
is regulated by some general and special type
of provisions contained in the Jail Code. The
Jail Code provides that the female prisoners
shall be kept in a ward totally separated from
the male prisoners and even the under-trial
female prisoners, if possible shall be kept
apart from the convicts. There shall be a separate
hospital for the female prisoners. Everything
shall be conducted by the Jailor in the female
enclosure. In this regard, the provisions of
the Jail Code run as follows:
Female
prisoners shall be rigidly secluded from the
male prisoners, and the under-trial females
shall, if possible, be kept apart from the convicts.
The female ward shall be so situated as not
to be overlooked by any part of the male jail;
and there shall be a separate hospital for sick
female prisoners within or directly adjoining
the female enclosure. They shall not be required
to attend at the jail office. All enquiries
and verification of their warrants shall be
conducted by the Jailor in the female enclosure
[27].
Whatever
might be the provisions for women prisoners,
for their safety, the condition is not up to
satisfaction. The condition of women prisoners
in Bangladesh is worsening day by day. The women
are not safe either in society due to torture
perpetrated by the miscreants of society or
in police custody or in prisons because of numerous
reasons. The female prisoners are being subjected
to the violation of their human rights through
rape, molestation, and indecent behaviour by
the members of the LEA. Even the safeguards
provided by the Bengal Jail Code, because of
their being female are not being provided to
them. They are subject to all kinds of torture
either physical or mental. Yasmin rape and murder
case, the Sheema Chowdhury rape and murder case,
are outstanding examples out of many by the
members of the LEA. Besides these, torture through
beating and kicking has been one of the ordinary
means of torture of the women accused by the
LEA. Out of fear of extreme torture, the female
detainees are venturing the risk of running
away from police custody at the dead of night.
The following incident may be taken into consideration
in this regard.
A
woman of village Mulbari under Ghatail Police
Station in Tangail district fled from the Police
Station (PS) in apprehension of torture at midnight
of 27 January in 1999. The victim was identified
as Khodeza Khatun (37), wife of Abdus Salam
of the above-mentioned address. The husband
of the victim and local people told the BRCT
Fact-finding team on 11 July 1999 that police
of Ghatail PS led by SI Mamun arrested his wife
Khodeza Khatun at about 11.00 PM on 27 January
1999 on the charge of alleged kidnapping of
a girl. Police broke the door of their house,
entered into the room, kicked and beat Khodeza
when she was alone in her house at that night.
Police took her to the PS and could not put
her in the female custody of the PS because
both of the custodies of male and female were
overcrowded. Police asked her to stay outside
the custody. At the dead of night when Khodeza
got the sentry slumbering, she managed to flee
from the PS. BRCT conducted a Fact-finding mission
on 10, 11 and 12 of July in 1999 following a
report published in a Dhaka based daily news
papers which alleged that Khodeza was killed
by police and her dead body was concealed. The
allegation of the newspaper did not prove true
while the husband of the victim, Abdus Salam,
asserted that his wife had come back home after
a lapse of more than five months [28]. So what
is manifested by the above-mentioned incident
is that torture of every kind by the police
is a trauma for the detainees both male and
female alike.
Rape
in police custody has been rampant in our country
by the very policemen who are supposed to protect
them from such torture. In 2000, members of
the LEA raped seventeen women [29]. Again in
jails, the women prisoners are treated like
a male prisoner. The women prisoners are thrown
into the police van after arrest where they
have to go along with the male prisoners and
no special measure for their carriage is taken
to protect them from abuse. In Bangladesh, there
is a scarcity of women Police Officer who are
supposed to deal with the women prisoners. For
this reason, within 24 hours of arrest, the
women prisoners often get victimized by the
middlemen who come in between the process to
secure their release.
Torture
has not been limited to physical infliction
only. The female prisoners of Bangladesh have
to undergo mental torture due to the ill treatment
of the members of the jail authority. Mental
harassment is a constant picture of the
jail inmate of Bangladesh. Severe mental torture
is inflicted upon them. The inhuman mental torture
can be pictured out through the following incident.
"... one day a jail inmate, a young girl,
received fried rice and chicken from her home
through police. As a female warden saw her taking
the food, she rushed to her and kicked the plate
down. She hurled abuses at the girl in a very
rude way. Unnerved by the abusive behaviour,
the girl broke down in tears" [30].
This
incident is not an isolated incident in the
prisons of Bangladesh rather it has become a
common picture for the jail inmates in Bangladesh.
As human beings prisoners deserve to get minimum
congenial atmosphere in the prisons. It means
that every prisoner male or female should have
proper and adequate space facility, medical
care and other necessities. Proper supply of
food and drinking water should be ensured.
In
this connection the provisions of the Bengal
Jail Code say that, "In the female division
of every jail there shall be a block of cells
sufficient in number for use as punishment cells
and to afford separate accommodation for female
under-trial prisoners. A female under-trial
prisoner may, at the option of the Superintendent,
if cell accommodation is available, have the
choice of occupying a cell in the female enclosure
instead of being confined in the under-trial
prisoners ward: provided the arrangements prescribed
in Rule 954 regarding the guarding of cells
in the female ward and the custody of the keys
of these cells can be made" [31].
It
is to be mentioned regretfully that the prisoners
in Bangladesh suffer from lack of adequate space
facility. They are not given enough space to
satisfy the minimum requirement for health.
Statistics collected from government and non-government
organizations showed that the total capacity
of the jails in the country is about 25,000;
but now there are over 75,000 inmates in the
prisons and accommodation available for female
prisoners in countries (in 64 prisons) are 1051;
but the number of inmates are 51700 [30]. The
picture of the plight of women prisoners in
Bangladesh is that they are in inhuman condition
in the prisons. To ensure the human rights of
the women prisoners, adequate space facility
should be provided to them.
The
provisions of the Jail Code in this context
are very clear. According to the Jail Code,
no male officer shall have any entrance to any
female prisoners' enclosure and if unavoidably
necessary, he may enter the same with company
of any female warder. In this connection, the
Jail Code provides that, "No male officer
of the jail shall on any pretext enter the female
prisoner's enclosure alone or unless he has
a duty to attend to there. If a male officer
has to attend to any duty in the females' enclosure
and there is a paid matron or female warder,
he may enter the females' enclosure in her company,
and shall be accompanied by her to whatever
part of the female jail he may have to go; if
the matron is a convict, he shall be accompanied
by a Head Warder, and the two shall not separate
whilst in the females' enclosure at night, the
Head Warder on duty shall call the Jailer, and
these two officers together, shall enter the
enclosure. Warders acting as escorts to official
visitors must remain outside the enclosure while
prisoners are being inspected" [32].
In
the police stations the existing number of female
Police Officer is insufficient to treat women
prisoners. Though the provisions of the Jail
Code very specifically deal with the issue that
the women prisoners be totally secluded from
the male prisoners, implementation of the said
provisions is far beyond reality.
Privacy
has to be maintained strictly and the wilful
violation of this strictness is the violation
of the guarantee as specified and endorsed by
different national and international instruments
[26]. The provisions of the Jail Code assert
that the privacy of the female prisoners has
to be strictly maintained and in no way is it
be whittled down. For the purpose of having
foot prints, finger impressions of a female
prisoner or to photograph or to measure her,
she shall not be brought out of the enclosure
and while doing so, the Police Officer and the
Deputy Jailer or a Head Warder shall be in company
of a matron or of the female convict warder
or overseer in charge [33].
Right
to association is one of the basic human rights
as loneliness is the cause of instrumental pain
and may lead to mental disorder. This basic
human right has also been guaranteed to the
female prisoners. If there is only one female
prisoner in the ward, she shall be allowed to
enjoy the visit of her female friend. The Jail
Code in this regard provides,
When
there is only one female prisoner in the female
ward and there is no female warder, the Superintendent
shall arrange to allow a female friend to visit
the prisoner and live with her in the jail.
If the female prisoner has no friend who will
stay with her, the Superintendent shall entertain
a female as an extra warder to keep her company
in anticipation of the Inspector-General's (IG
Prison) sanction [34].
Provisions
have also been provided to protect the female
prisoners from any sort of harassment by the
male prisoners or the male staff of the jail.
For this purpose it has been provided by the
Jail Code that the keys of the female division
shall be under the custody of the paid matron
or female warder during the day and at night
be under the custody of the Jailer and the keys
shall remain in her custody until required next
morning for the opening of the female wards
[35].
Again, for the maintenance of privacy it has
been provided by the Jail Code that the locks
of the female cells and wards shall be different
from those in use in other parts of the jail
and the same key shall not be used to unlock
the other parts of the jail. The keys shall
be under an old and trustworthy officer if there
be no paid matron or female warder [36].
Right
to observe the religious institutions has been
guaranteed as one of the fundamental rights
in the Constitution of Bangladesh [37]. It has
also been declared as one of the fundamental
human rights in the Universal Declaration of
Human Rights, 1948 (UDHR) [38]. The Constitution
of Bangladesh provides freedom of religion.
However, this right to observe the religious
institutions has not been guaranteed by the
Jail Code entirely. According to the provisions
of the Jail Code, at the time of physical training
the women prisoners are to remain bare head,
hair flowing and with the upper part of the
body covered with a kurta only [39].
This
is the direct violation of the provisions of
Islam regarding the dress of the Muslim women.
According to the tenets of Islam, women of adult
age or women who have attained puberty shall
maintain the strict principle relating to dress.
Here, they have to cover their heads with scarf.
But the provisions of Jail Code relating to
parade of women prisoners express that they
have to remain with bare head while they are
in parade. This is a violation of the constitutionally
guaranteed fundamental right and also the human
right declared in the UDHR. However, it does
not mean that the women prisoners are all the
time asked to remain with bare head. Inside
the prison cell, at all other time excluding
that of necessary for parading, they are supplied
with necessary wearing apparels and are allowed
to maintain and observe their religious institutions.
The
right to have proper dress meeting the demand
of the seasons of Bangladesh, the female prisoners,
like all other prisoners, are supplied with
necessary wearing apparels under the provisions
enumerating in Rule 1159 of the Jail Code. Rule
1159 dealt with the dress of all prisoners in
division III sentenced to rigorous imprisonment
while Rule 1165 deals with that of the convicted
prisoners in division II sentenced to rigorous
imprisonment [Appendix-A].
To
enjoy the environment suitable for health and
hygiene is another human right. This right has
also been guaranteed by the Jail Code. As per
the provisions of the Jail Code the hair of
the female prisoners shall not be cut without
the order of the Medical Officer where he considers
this necessary on account of vermin or any disease.
They are also supplied with comb and four necessary
towels or napkins each.
| 7.
PLIGHT OF FEMALE PRISONERS |
Laws are made with the
intention to reduce crime against women. Offences
against women have taken modern aggravated forms,
which were more or less absent in the past.
Crimes against women have risen after independence.
Women in Bangladesh are facing not only aggravated
forms of conventional crimes but also new types
of crimes. The jail authorities behave badly
with convicts or under-trial prisoners. The
prisoners suffer torture and various types of
abuses. The prisoners are helpless. They can
hardly protest. Interestingly, many male prisoners
do the same with the female inmates. Male and
female prisoners live in separate wards there.
However, there is a door connecting male wards
with those for the female prisoners. Veteran
male prisoners often bribe guards of the female
wards and coerce them to have sex with female
inmates. Some female prisoners willingly have
sexual contact with the men in the hope of getting
some facilities. Jails in the country are overcrowded.
While many spend time outside their rooms, the
real problem occurs when they come back at night
to sleep. A 2004 report says more than 74,000
prisoners including more than 2,000 female are
kept in the country's 64 jails. At Dhaka Central
Jail were lodged more than 11,000 inmates and
over 300 of them women. In a paper recently
presented at a seminar on Human Rights and Police
Custody, sponsored by Human Rights Organisation
"Odhikar", researchers Jesmul Hasan
and Sajjad Hossain say, "Women and children
are also not spared torture in jail. In many
police stations of Dhaka City there is no separate
hajat for women and children. In some cases,
female detainees are kept in the offices of
male police officers. Women are subjected to
various types of abuse. In Dhaka, there are
too few female police officers compared to the
need. A police station has only two or three
female officers - not enough. Some police stations
have to do without female officers. So, male
police officers deal with the female detainees,
including arrests, interrogation and investigation.
| APPROACH
TO AIDS PREVENTION |
"There are separate
wards/cells for female inmates in jails. Yet
the female inmates are not safe there. They
are victimised by male officials and supervisors.
Such female inmates do not get justice because
of abuses by the law enforcers. Women are arrested
also under Dhaka Metropolitan Police Ordinance.
A female detainee is supposed to be taken care
of by a female police officer. But this rule
is violated, as there is shortage of female
police officers. As a result, female detainees
are subjected to abuses and maltreatment. There
are about 5.50 lakh cases pending in the courts.
The process of trial is slow. There are at least
30 hajatis in a room, which is good for only
two female hajatis. At night, the women just
remain standing on their feet, as there is no
room for sleeping. Any abuse of female prisoners
in jail is to be condemned. It is not desirable
even though it happens. He urged the media to
create awareness against such maltreatment.
Violence agonist
women is increasing and indicates generally
that the amount of different crimes against
women is so high that the time has come to introduce
measures to eradicate them. Clearly, the need
of the hour is to protect women from violence
through the law. The whole issue of violence
against women did not project the flaws in the
criminal justice system or what else we require,
to make the system effective giving proper justice
to women, as justice delayed is justice denied.
In prisons, most women come from poor families
and with rural backgrounds. They mostly comprise
of married, unmarried, divorced and estranged
women involved in begging, odd jobs and prostitution.
They are vulnerable to harassment and sexual
abuse. When women and children of the country
get various development opportunities for their
development and empowerment, jails have been
kept totally out of this development question.
So, for the utmost and massive development of
the country, the condition of the prisons should
be improved. The prisoners should be treated
as a member of whole human community. Otherwise
a considerable portion of the total population
will remain away from the light of human rights.
It is a matter of hope that, the government
in recent years has been paying more attention
about the condition of jail inmates and thinking
of making some reformation in this regard.
- Population reference
Bureau (PRB), (2005). "World Population
Data Sheet-2005". Washington, DC, USA.
- Constitution of Bangladesh,
Article 27.
- Constitution of Bangladesh,
Article 31.
- Constitution of Bangladesh,
Article 32.
- Constitution of Bangladesh,
Article 33(1).
- Constitution of Bangladesh,
Article 33(2).
- Constitution of Bangladesh,
Article 35(1) and the Universal Declaration
of Human Rights 1948, Article 11(2).
- Constitution of Bangladesh,
Article 35(2).
- Constitution of Bangladesh,
Article 35(3) and the Universal Declaration
of Human Rights 1948, Article 10.
- Constitution of Bangladesh,
Article 35(4).
- Constitution of Bangladesh,
Article 35(5) and the Universal Declaration
of Human Rights 1948, Article 5.
- Code of Criminal Procedure
1898, Chapter V.
- Code of Criminal Procedure
1898, Chapter V (A).
- Code of Criminal Procedure
1898, Chapter V (B).
- Code of Criminal
Procedure 1898, Section 46(1).
- Code of Criminal
Procedure 1898, Section 46(2).
- Code of Criminal Procedure
1898, Section 46(3).
- Code of Criminal
Procedure, Section 54.
- Constitution of Bangladesh,
Article 23(3).
- Constitution of Bangladesh,
Article 23(2).
- Constitution of Bangladesh,
Article 23(3) (b).
- Code of Criminal
Procedure 1898, Section 47.
- Code of Criminal
Procedure 1898, Section 48.
- Code of Criminal
Procedure 1898, Section 51.
- Code of Criminal
Procedure 1898, Section 52.
- Constitution of Bangladesh,
Article 43 and the Universal Declaration of
Human Rights 1948, Article 12.
- The Bengal Jail Code
1894, Rule 945.
- Bangladesh Rehabilitation
Centre for Trauma Victims (BRCT), Dhaka, Annual
Report 1999, 21.
- Bangladesh Rehabilitation
Centre for Trauma Victims (BRCT), Dhaka, Annual
Report 2000, 9.
- The Daily Star, Dhaka
(Bangladesh), 25 August 2002.
- The Bengal Jail Code
1894, Rule 946.
- The Bengal Jail Code
1894, Rule 950.
- The Bengal Jail Code
1894, Rule 951.
- The Bengal Jail Code
1892, Rule 948.
- The Bengal Jail Code
1894, Rule 952.
- The Bengal Jail Code
1894, Rule 953 f.
- Constitution of Bangladesh,
Article 41.
- Universal Declaration
of Human Rights 1948, Article 18.
- The Bengal Jail Code1894,
Rule 956.
A list of
dresses of the women prisoners under the provisions
of the Rules 1159 and 1165 of the Bengal Jail
Code is given below:
|
2
cotton chemises or kurtas
|
|
10 yards of
cotton cloth 42 inches wide
|
|
2
gumchas
|
|
1 blanket coat
|
|
1
tatputtee for bedding
|
|
2 blankets
|
|
1 aluminium
cup
|
|
1 aluminium
plate
|
|
A square (2ft.×2ft.)
of coarse gunny or matting
|
|
1 comb
|
Convicted
prisoners in Division II sentenced to rigorous
imprisonment shall be furnished with the following
jail equipment:
a) For the hot weather
|
Accustomed
to European mode of living
|
Accustomed
to Indian mode of living
|
|
Cotton
skirts
|
2
|
Saries
(pairs)
|
2
|
|
Cotton
blouses
|
2
|
Cotton
blouses
|
2
|
|
Cotton
shirts
|
2
|
Chemise
or shirts
|
2
|
|
Cotton
drawers (pairs)
|
2
|
Drawers
(pairs)
|
2
|
|
Cotton
stockings (pairs)
|
2
|
Stockings
(pairs)
|
2
|
|
Garters
(pair)
|
1
|
Garters
(pair)
|
1
|
|
Leather
belt
|
1
|
|
|
|
Cap
|
1
|
|
|
|
Sola
topi
|
1
|
|
|
b)
For
the cold weather and rains
|
Accustomed
to European mode of living
|
Accustomed
to Indian mode of living
|
|
Cotton
skirt
|
1
|
Saries
(pairs)
|
3
|
|
Cotton
blouse
|
1
|
Cotton
blouse
|
1
|
|
Woollen
shirt
|
1
|
Woollen
blouse
|
1
|
|
Woollen
blouse
|
1
|
Flannel
shirts or chemise
|
2
|
|
Flannel
shirts
|
2
|
Cotton
drawers (pairs)
|
2
|
|
Cotton
drawers (pairs)
|
2
|
Stockings
(pairs)
|
2
|
|
Cotton
stockings (pairs)
|
2
|
Garters
(pair)
|
1
|
|
Leather
belt
|
1
|
|
|
|
Garters
(pair)
|
1
|
|
|
|
Cap
and Sola topi
|
2
|
|
|
|
