P ROTECTIO N S FO R V ICT IMS AND WIT NES SES OF C RIMES Domestic Violence (Prevention and Protection) Act, 2010; and Rules, 2013 S UMMARY Provides measures aimed at prevention and protecting women and children from violence by their family members. Defines domestic violence as physical abuse, psychological abuse, sexual abuse, or economic abuse of a woman or child by another family member. Enables any victim seeking protection from domestic violence to submit a complaint with a Judicial or Metropolitan Magistrate. The Rules provide a process whereby any victim or person acting on their behalf can submit information regarding domestic violence and related issues to an enforcement officer and seek corresponding remedies and protections. 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 18 years of age) victims of domestic violence in Bangladesh are covered by this Act. A petition under this Act can be filed in any court under whose local jurisdiction, • the applicant resides; • the respondent resides; • the place where the domestic violence occurred is located; or • the place where the victim temporarily resides. P ROTECTIO N N OT ES This Act includes sexual abuse under the definition of domestic violence, defining the term as “any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of the victim.” Despite broad terms, this arguably includes sexual coercion within marital relationships. In other words, one could argue that the inclusion of sexual abuse within the definition provides the opportunity for complaints in relation to marital rape. A Rohingya victim of domestic violence should be entitled to a number of protections including: • where applicable, the right to legal aid under the Legal Aid Act, 2000; • access to residence in shelter homes; • access to medical aid; • protective order against their spouse or any other perpetrator of domestic violence; • ability to proceed with ancillary relief (e.g., divorce and maintenance). The Act does not provide for any punishment for the offence, leaving sentencing to previously existing options. It provides for a penalty for breach of a protection, residence, maintenance, or custody order. Any Rohingya victim of domestic violence and related issues can avail themselves of the protections and safeguarding processes provided under the Act’s implementing Rules. The enforcement officer is required to: • Inform the victim about their rights and remedies, free of charge. • Take the necessary steps to ensure the victim is provided legal aid under the Legal Aid Act, 2000, and make available the application form along with other facilities free of cost. • Where necessary, assist the victim or person acting on their behalf in completing the required form. • Extend cooperation to those with disabilities. • Assist in court proceedings, as requested by the Court. • Follow up on any domestic violence proceedings. 49 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH