Protection of Women from Domestic Violence in Bangladesh: Criminal Law Perspectives and Reform Proposals

Abstract

Domestic violence in Bangladesh is a persistent and complex form of gender-based violence that continues to undermine women’s constitutional rights to equality, dignity, and life with human dignity. Although the Constitution of Bangladesh guarantees fundamental rights, and statutory frameworks such as the Penal Code 1860, the Nari O Shishu Nirjatan Daman Ain 2000, and the Domestic Violence (Prevention and Protection) Act 2010 provide legal remedies, the practical enforcement of these laws remains limited and often ineffective. This research monograph examines domestic violence from a criminal law perspective, focusing on the adequacy of existing legal provisions, institutional responses, and judicial practices in Bangladesh. It explores the extent to which current criminal justice mechanisms address physical, psychological, sexual, and economic abuse within the domestic sphere and identifies significant gaps in legal recognition, procedural enforcement, and victim protection. The study further analyzes key challenges such as underreporting of cases, evidentiary difficulties, social stigma, delays in the justice system, and weak institutional coordination. A comparative evaluation of legal frameworks in India, the United Kingdom, and Australia highlights the importance of integrated approaches combining criminal liability, protection orders, and victim support services. The monograph argues that Bangladesh requires comprehensive legal and institutional reforms, including stronger criminalization of coercive and controlling behaviour, effective enforcement of protection orders, specialized domestic violence courts, and enhanced survivor support mechanisms to ensure meaningful access to justice for victims.