P ROTECTIO N S FO R V ICT IMS AND WIT NES SES OF C RIMES Prevention of Women and Child Repression Act (Nari O Shishu Nirjatan Daman Ain) 2000, (as amended up to 2020) S UMMARY Provides for the suppression and punishment of violence against women and children through the definition of a number of punishable offences as well as the authority to investigate offences defined therein. AP PL ICAB IL IT Y TO RO H I NGYA This Act contains no indication of jurisdiction. Therefore, Rohingya women and children (defined in this Act as any person under 14 years of age) victims of the following crimes in Bangladesh are covered by this Act: • attacks with flammable, corrosive, caustic, or poisonous substances; • kidnapping of women and/or children; • taking ransom; • rape or death resulting from rape; • sexual oppression; • causing death for dowry; • impairing any limb of a child for the purpose of begging. P ROTECTIO N N OT ES Rohingya women (and children/or their guardians) may bring cases against any person, whether Bangladeshi citizen or non-citizen, on the territory of Bangladesh, under this Act. Where Rohingya women and children are the victims of offences defined under this Act, they should be provided the protections laid out therein: • the identities of victims/complainants should not be made public (Section 14); • punitive fines shall be awarded to the victim(s) or their successor(s) (Section 16); • the opinions and views of women and children as victims and witnesses are to be taken into consideration by tribunals in order to protect their welfare and interests (Section 20.7); • where protective custody is ordered by the tribunal, victims/witnesses are not to be held in prisons but rather in the custody of a government authority or authorized institution (Section 31); • the maintenance of children born of rape are to be borne by the State (Section 13.c); • failure to properly investigate complaints by police officers (Section 17.8) and failure of doctors (Section 32.3) to conduct timely medical examinations of victims are grounds for disciplinary actions Offences under this Act are adjudicated solely by specially-established Nari O Shishu Nirjatan Daman Tribunals (Section 20.1). Section 25 calls for the CrPC to be applied in submission of a complaint, investigation, and trial. Pursuant to Section 27, these tribunals may initiate criminal proceedings either with the written report of a police officer or on the basis of a direct complaint with sworn affidavit that the police refused to record their complaint.44 Investigations must be conducted within 60 days and although crimes under the Act are non-bailable, circumstances are outlined for the release on bail of accused if sufficient grounds do not exist to convict and the complainant has been afforded an opportunity to be heard (Section 19). 47 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH