Sunday | 27 April 2025 | Reg No- 06
Bangla
   
Bangla | Sunday | 27 April 2025 | Epaper
BREAKING: ● 46th BCS written exam postponed amid protests      ● Interpol alert issued against Saima Wazed Putul      ● Khaleda Zia to return soon      ● Zonayed Saki calls for clear timeline for national polls      ● BNP calls for immediate election roadmap      ● Govt decides to form two PSCs: Asif Mahmud      ● Sheikh Hasina, 408 others sued in BNP activist murder case      

Danger of diluted legal terminology in upholding justice

Published : Wednesday, 19 March, 2025 at 12:00 AM  Count : 363
Jeba Mobashwira
Recently, Dhaka Metropolitan Police (DMP) Commissioner Sheikh Md Sajjat Ali requested the media to avoid using the term "rape" and instead refer to it as "violence against women." Whatever the intent behind this request, it raises significant concerns from both legal and societal perspectives. The terms "rape" and "violence against women" (VAW) are distinct in legal contexts and should not be used interchangeably. The definition of "rape" is clearly outlined in the law, and there is no ambiguity between the two terms from a legal standpoint. Therefore, any attempt to blur the lines between these terms risks undermining justice.

Rape, as defined under Section 375 of the Penal Code, 1860, is a specific criminal offense that involves forced or non-consensual sexual intercourse, including cases where consent is obtained through coercion, deception, or when the victim is under 14 years old. Importantly, penetration alone is sufficient to constitute rape. On the other hand, violence against women encompasses a broader category of gender-based violence, which includes physical, sexual, and psychological harm.

The United Nations Declaration on the Elimination of Violence Against Women (1993) describes violence against women as acts that cause or may cause harm or suffering to women, whether in public or private life. Similarly, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) defines gender-based violence as violence directed at women simply because they are women. While rape is a form of sexual violence and falls within the broader category of violence against women, the two terms are not synonymous.

The suggestion to replace the term "rape" with the broader term "violence against women" risks diluting the gravity of the crime. Rape is a specific, heinous offense that requires targeted legal action and accountability. Using the broader term "violence against women" could downplay the severity of rape, making it harder for the public and legal systems to fully understand the extent of the crime. Punishment is also determined by the severity of the offense. The lack of clarity in legal documentation and media reports due to such vagueness could confuse the public. If the term "rape" is avoided, the true scale of the crime may remain hidden, leading to inaccurate data and a misleading public perception.

Furthermore, using a more general term like "violence against women" could undermine justice and accountability. Undoubtedly, the media plays a crucial role in shaping public awareness and influencing legal reforms. The widespread and serious crime of rape demands immediate legal action, and substituting it with a softer term indirectly silences the path to justice. Additionally, this tactic could be used to reduce public outrage and evade pressure for stricter legal actions. Particularly in contexts where the justice system lacks effectiveness and the state responds only to public protests or mass outrage, such vagueness could stifle the demand for justice and ultimately weaken institutional accountability.

Additionally, this shift in language can negatively impact victim-centered advocacy. Survivor-focused advocacy relies on precise language to highlight the severity and prevalence of crimes. Avoiding the term "rape" could make it harder to address the specific needs of rape survivors, who may feel their experiences are being generalized or dismissed. The fight for justice for rape survivors depends on raising awareness of the unique trauma caused by this crime.
Thus, advocacy efforts may lose momentum if the specific nature of the crime is obscured by a broader, vaguer narrative.

Moreover, legal systems rely heavily on precise terminology to ensure effective prosecution and judicial clarity. In the realm of law, every term is carefully chosen to avoid any ambiguity, as the precision of language directly affects the outcome of cases. Replacing a well-defined legal term like "rape" with an umbrella term such as "violence against women" could hinder the proper application of it and compromise the effectiveness of legal proceedings.

Perhaps most concerning, however, is the potential normalization of rape under the guise of "violence against women." If this trend continues, the criminal act of rape could lose its distinct legal and social stigma, and may be viewed as just another form of "violence," leading to societal desensitization of the crime. Replacing the term does not reduce rape; rather, it could contribute to higher rates of sexual violence by minimizing the gravity of the offense and diluting its seriousness. Over time, this normalization could perpetuate sexual violence under the mistaken belief that it is merely another variant of "violence."

If a crime is severe, it should be addressed directly, even if it means acknowledging the unpleasant truth, though it may be uncomfortable. Crimes, by their nature, are unpleasant. So, can we truly justify replacing every serious offense with a more "pleasing" term? If we do so, the consequence may be that punishments are also diminished and justice itself may be compromised. Legal terminology is not just a matter of words; it is central to the delivery of justice. In the fight against gender-based violence, it is crucial to confront the truth, however unpleasant, with clarity and precision.

The writer is a student, Master of laws (LLM), Bangladesh University of Professionals


LATEST NEWS
MOST READ
Also read
Jewish diasporas are not Israeli outposts
Impact of salinity intrusion on our agriculture
'Forgotten work force' with their invisible tax contributions
Our health reforms should focus on leprosy
How to save education in haor regions thru locally developed methods 
Our environment is a treasure - and our legacy
Air pollution is playing havoc with human life  
Legal process for business mergers, acquisitions in Bangladesh
Editor : Iqbal Sobhan Chowdhury
Published by the Editor on behalf of the Observer Ltd. from Globe Printers, 24/A, New Eskaton Road, Ramna, Dhaka.
Editorial, News and Commercial Offices : Aziz Bhaban (2nd floor), 93, Motijheel C/A, Dhaka-1000.
Phone: PABX- 41053001-06; Online: 41053014; Advertisement: 41053012.
E-mail: [email protected], news©dailyobserverbd.com, advertisement©dailyobserverbd.com, For Online Edition: mailobserverbd©gmail.com
🔝
close