‘We recommend our clients to file fake cases’ – On the Logic of Feminist Struggles and Legal Battles in Bangladesh

Abstract

The Prevention of Women and Children Repression Act (PWCRA) aimed to make it easier for women victims to seek justice in cases of rape, domestic violence, undue dowry demands and other crimes. Initiated in response to pressure from Bangladeshi feminists, women’s rights activists, and international organizations, the Act not only provided for severe punishment for violence against women but also included legal provisions that aimed at facilitating successful case filing by women. While many issues, such as the high number of cases that remain pending for years and low conviction rates, continue to impede the pursuit of legal justice, this presentation focuses on the notion that women are filing ‘fake cases’. It argues that, paradoxically, it is not the ineffectiveness but the successful implementation of the provisions of the PWCRA that gives rise to such notions. In providing crucial protection to women, the Act has had unintended side effects that have made it vulnerable to being used in ways that people perceive as false and fabricated. Although such cases may involve exaggerated allegations, they often stem from criminal offenses or actions that, while not legally punishable, are viewed as immoral. The presentation suggests that the PWCRA does not necessarily provide women with justice in the form of legal punishment, but that, indeed, many women (or their families) file cases not to obtain a legal sanction but to increase their bargaining power.