Bangladeshi women facing abuse due to dowry demands now encounter an additional legal hurdle before seeking justice, thanks to the introduction of the Legal Aid Services (Amendment) Ordinance, 2025. Previously, victims of dowry-related violence could directly access legal recourse under Section 11(ga) of the Women and Children Repression Prevention Act, 2000, which classified such acts as criminal offenses punishable by imprisonment and fines.
However, the new ordinance mandates a compulsory mediation process through legal aid officers before victims can pursue court proceedings. This mediation approach aims to resolve disputes through dialogue and compromise, a method commonly used for civil matters but less suitable for cases involving violence against women. The requirement for mediation may delay justice and expose victims to further risks of coercion and intimidation.
By prioritizing mediation over immediate legal action, the ordinance weakens the deterrence effect of the existing law against dowry-related abuse. It sets a concerning precedent by potentially extending similar pre-trial processes to other criminal acts, undermining the swift and punitive consequences crucial for effective criminal law enforcement.
Advocates for the amendment may argue against false accusations, but such cases are infrequent compared to the widespread reality of violence against women. The timing of this change in a landscape where women’s rights are already precarious signals a regressive step disguised as procedural improvement. The ordinance, cloaked in the guise of enhancing legal aid services, ultimately impedes women’s access to timely and effective justice.
In light of these concerns, it is crucial to reassess the implications of mandatory mediation in cases of violence against women. The amendment, in its current form, risks further delaying justice, allowing perpetrators a free pass, and eroding the rights of victims. It is imperative to ensure that legal processes prioritize the protection and empowerment of women, rather than hindering their pursuit of justice.