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Harassment can be described as actions that bother, threaten, intimidate, frighten, or make individuals worry for their safety. They are motivated by discriminatory intentions and have the effect of preventing or limiting a person from exercising their rights. Aside from physical assault, things like obstruction of normal movement or work, offensive touching, and offensive posters or cartoons that are objectionable to the eye are all included in this category. Harassment is unwanted, unsolicited behaviour that humiliates, offends, or threatens the victim and fosters a hostile atmosphere.
Being the victim of harassment can make one feel violated, terrified, and helpless. While taking legal action will not undo the harrowing experience, it can help to regain some control of the situation and attain a sense of justice.
In Bangladesh, children under the age of 18 can seek legal action with the assistance of a guardian, who will file the complaint on the children’s behalf. Pursuing legal recourse as a young individual in Bangladesh who has experienced harassment can be a daunting and challenging process due to various factors. The societal stigma surrounding such situations further complicates matters. The fear of prejudice and judgement from society as a whole often deter victims from coming forward and reporting the crime.
However, it is not impossible, as Refat Bin Reza Rafi, Barrister-at-Law, explains the methods through which a victim might file a case against their harasser.
The initial step might be as simple as calling 999 in an emergency or contacting the police station to report the harassment. Before filing the First Information Report (FIR) based on the available information, police will need an ejahar (application) from the victim or they will prepare their own based on their initial investigation. Ejahar serves as an accurate depiction of an event that has taken place, as it is documented promptly following a crime. The FIR initiates a General Register (GR) case, which allows the police station to take direct action if the crime is cognisable and falls under the station’s jurisdiction. Following that, the police will open an investigation, make a chargesheet, which is a police station record documenting the charges filed against an individual, and forward it to court.
In the event of physical injury, it is advisable to prioritise seeking immediate medical attention and maintaining a record of the doctor’s examination and treatments. This documentation can serve as valuable evidence to support your case in the future.
It is not strictly necessary to engage an advocate in a GR/FIR case since the Public Prosecutor (PP) will handle it on behalf of the state. However, if the situation permits, one may also decide to retain an advocate to support and strengthen their case.
The police may refuse to consider the issue in some cases. In that situation, submitting a General Diary (GD) is a recommended course of action. This helps create an official record of the incident and ensures that the necessary information is documented with the police authorities.
A GD will assist in making up for the time lost in filing a case if you are unable to use the general register path. While filing a case through other means, it is worth noting that submitting a GD can still provide valuable support to the case.
It is highly recommended to consult a lawyer when filing a GD, as their expertise can strengthen the document’s evidentiary value in a criminal court. Their guidance ensures that the GD is prepared effectively to bolster the case.
If you are unable to file a GR case, you may file a Complaint Register (CR)/Non-FIR case directly as a complainant in the criminal court. With the help of an advocate, victims can use this path and directly file a case in court.
The seriousness of harassment allegations varies, and when deciding whether to file charges, courts take into account things including the defendant’s prior criminal history and violations of restraining orders.
The formal legal system sometimes may be expensive, requiring victims to go through several formalities and spend a significant amount of money on hiring an advocate to handle their case, court costs, and other requite expenses.
Access to justice has remained a distant dream for our nation’s young people. They are usually unable to receive justice from a court of law due to a variety of socioeconomic limitations. If their rights are violated, they have no recourse.
Many young people who are victims come from underprivileged families and do not have the financial means to file a case. This may restrict their ability to obtain legal counsel and the tools they need to deal with the legal system. The Legal Aid Services Act of 2000 was established by the government in order to provide easy access to justice and protect the rights of underprivileged litigants. This act offers disadvantaged members of society free legal assistance, allowing government and non-government organisations at all levels to provide the most efficient and effective services to disadvantaged justice seekers.
Bangladesh Rural Advancement Committee (BRAC), Madaripur Legal Aid Organisation, Bangladesh Legal Aid and Service Trust (BLAST), Ain-O-Salish Kendra (ASK), Democracy Watch Bangladesh, Human Rights and Peace for Bangladesh (HRPB), and various other local and national nongovernmental organisations provide various types of legal aid services. These services include legal aid in the form of cost and advice to conduct a suit in court, problem resolution through alternative dispute resolution (ADR), local salish, mediation, and so on, as well as community awareness campaigns to raise legal awareness.
The fear of retaliation is a major worry for those who have been in compromising circumstances. In order to stop victims from reporting the crime and seeking justice, perpetrators and their relatives may resort to violence and intimidation. To overcome these obstacles, awareness of legal rights need to be raised and victims need to be given access to resources and support networks.
Holding the individual or people accountable for their conduct sends a message that such behaviour is unacceptable and will not be tolerated. This might provide closure and help victims to begin the healing process. Knowing there would be repercussions for their conduct may deter them from repeating similar acts. This can assist in making our societies safer and lower the chance of future criminal activity.
References:
1. Bangladesh National Portal. (15 September, 2018). Legal Aid Empowers the Critically Disadvantaged People of Bangladesh.
2. Legislative and Parliamentary Affairs Division Ministry of Law. Penal Code 1860, The Code of Criminal Procedure, 1898
3. LawyersClubBangladesh.com (13 July, 2019). Beginners guide to file a civil suit in Bangladesh
Sumaiya is just trying to make it through each day; give her toxic positivism at [email protected]
আমদানি বিল পরিশোধের পর বৈদেশিক মুদ্রার রিজার্ভ আজ ২৯.৯৭ বিলিয়ন মার্কিন ডলারে নেমে এসেছে।
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In Israel's fight for survival against tech savvy Hamas terrorists Biden seeks to micromanage the war – Fox News
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FOX News White House correspondent Peter Doocy has the latest on the Biden administration’s response to the Middle East conflict on ‘Special Report.’
As Israeli Defense Forces resumed military operations to eradicate the Hamas terrorist threat last Friday, the Biden administration is inserting itself into Israel’s war planning process, teaching the Israelis – who’ve been fighting for their survival for decades – how to properly prosecute the conflict.
Washington warfare “experts” – who arguably haven’t secured a single clear military victory since 1945 – insist that Israeli military strategists alter their war plans to make their combat operations more targeted and their strikes more accurate, in order to minimize casualties, especially among civilians.
The Biden administration’s demands, while noble-sounding, are misguided and unreasonable. Implementing these requirements, at the expense of achieving the main mission of eliminating Hamas and its entire supporting infrastructure, will likely prolong the conflict, ultimately resulting in many more Israeli and Palestinian deaths. Here’s why.
LABELING CHINA, RUSSIA AND IRAN AS NEW ‘AXIS OF EVIL’ WILL NOT NEUTRALIZE THE THREATS THEY POSE
President Biden and Israeli Prime Minister Benjamin Netanyahu participate in an expanded bilateral meeting with Israeli and U.S. government officials, Wednesday, Oct. 18, 2023, in Tel Aviv. (AP Photo/Evan Vucci)
Hamas is no longer your grandfather’s terrorist gang, the way it used to be years ago. Like many other non-state terrorist groups, Hamas has benefited from the democratization of technology, which has made access to weapons, military-grade components, and the know-how necessary for indigenous production, much easier across the board than it used to be.
Consequently, Hamas is now in possession of more deadly, more advanced weaponry than it had did even a decade ago. Its much more diverse weapons arsenal makes the terrorists look and fight more like a regular military force rather than a non-state terrorist group. This levels the battlefield a lot more than it did during the 2014 Gaza War between Israeli forces and Hamas.
The employment of drone warfare enabled Hamas to catch the Israelis off guard. During the initial wave of attacks on October 7, the terror group used small tactical drones to strike multiple Israeli military targets, disrupting infrastructure and destroying surveillance towers, cameras, and communications, as the terrorists were infiltrating across the southern border, killing some 1,200 people. This element of surprise enabled Hamas to seize, at least temporarily, what’s called in modern warfare, strategic initiative, leaving Israelis stunned and scrambling to defend itself.
Iranian Supreme Leader Ali Khamenei meets Chairman of the Hamas Political Bureau, Ismail Haniyeh in Tehran, Iran on November 5, 2023. (Photo by Iranian Leader Press Office / Handout/Anadolu via Getty Images)
Hamas has modernized its drone arsenal, which now includes ‘Zouari’ suicide drone, named after Mohammed Zouari, the late Hamas engineer and drone pilot; Ababil-2 Iranian Tactical UAV; Misagh-1 with a high explosive-fragmentation warhead; AK-103-2 with aburst-fire setting, and RAAD-T, according to Army Recognition, OE Data Integration Network and DroneSec databases.
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Hamas has also significantly improved its indigenously manufactured rockets, called Qassam, having extended their range from 2-3 miles in its first iteration to 10 miles, with the Qassam 3. Today’s generation of missiles used by Hamas have a range of 150 miles, covering all of Israel.
Hamas also has been the beneficiary of Iranian weapons, technical assistance, and training. In 2020, the State Department assessed that Iran sends $100 million a year to Palestinian terrorist groups, arming and training them to attack Israel and murder its civilians as Hamas did on October 7.
According to the Wall Street Journal, 500 Hamas terrorists were trained by Iran Quds Force, the foreign-operations arm of Iran’s Islamic Revolutionary Guard Corps in special combat tactics, during the weeks leading up to the October 7th terrorist attacks. Hamas used combined arms tactics during the assault, synchronizing the attacks across air, land, and sea, a warfare style used by regular armies.
Members Hamas display rockets during a military parade on the Streets in Khan Yunis, southern Gaza Strip. (Photo by Yousef Masoud/SOPA Images/LightRocket via Getty Images)
During the 2023 campaign, Israelis are dying at more than twice the rate as in 2014, according to the Wall Street Journal. The upgrades in weapons and tactics are the likely reasons why Hamas is a much more lethal force than it used to be, posing a much more formidable threat to the Israeli forces.
On a visit to Tel Aviv recently, Secretary of State Anthony Blinken warned the Israeli leadership, about “the imperative to the United States that the massive loss of civilian life and displacement of the scale we saw in northern Gaza not be repeated in the south.” He demanded a “clear plan in place that puts a premium on protecting civilians as well as sustaining and building on the humanitarian assistance that’s getting into Gaza.”
Israeli Defence Minister Yoav Gallant (R) and US Secretary of State Antony Blinken shake hands prior to a meeting in Tel Aviv on November 30, 2023. Blinken told Israeli leaders on November 30 that a temporary truce in their war with Hamas was “producing results” and should continue. (Photo by SAUL LOEB/POOL/AFP via Getty Images)
How in the world can the Israelis assure Washington that they will avert civilian deaths, given that Hamas is known for using civilians as human shields? How can the IDF avoid striking civilian targets if Hamas uses hospitals as operational command centers and storage facilities for weapons and combat gear?
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Whether intentional or not, what the Biden administration is doing is restricting the IDF’s freedom of action and flexibility of maneuver, as Israel is striving to eliminate the existential threat to its survival.
It is bad enough that Israel has to deal with a much more lethal and bloodthirsty enemy that is armed to the teeth. Now its defenders have to fight with one arm tied behind their back because Washington, almost certainly driven by politics, is hell-bent on micromanaging someone else’s war.
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Rebekah Koffler is a strategic military intelligence analyst and the author of Putin’s Playbook. She is Managing Editor of an e-mail newsletter for independent thinkers, CutToTheNews.com. Follow her on Twitter @Rebekah0132
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