| dc.description.abstract | Domestic violence remains a pervasive yet under-addressed form of gender-based violence
globally, with acute manifestations in patriarchal societies like Bangladesh. Despite legislative
advancements such as the Domestic Violence (Prevention and Protection) Act, 2010, the primary
legal framework for prosecution remains the outdated Penal Code, 1860 a colonial statute
lacking provisions for modern domestic abuse complexities. This study critically examines the
Penal Code's applicability in contemporary Bangladesh, revealing systemic gaps in addressing
non-physical abuse (emotional, psychological, economic) and its controversial marital rape
exemption under Section 375, which denies wives protection against spousal sexual violence.
Through comparative analysis of regional legal frameworks (India, Nepal, Sri Lanka, Pakistan),
the study highlights progressive reforms like marital rape criminalization and integrated civil
criminal remedies. Theoretical lenses feminist legal theory, critical legal studies, and human
rights perspectives examine how patriarchal norms perpetuate legal inadequacies. Findings
underscore the Penal Code's failure to align with international human rights standards, leaving
victims without meaningful recourse.
The study advocates urgent reforms: (1) explicit criminalization of all abuse forms, (2) repeal of
the marital rape exception, (3) gender-sensitive training for legal professionals, (4) enhanced
victim support services, and (5) better integration between the Penal Code and the 2010 Act.
Without these changes, Bangladesh's legal system will continue to marginalize victims,
reinforcing cycles of impunity and gender inequality. | en_US |
