Transitional Justice in Bangladesh: Recognition and Enforcement of Rights of the Rape Victims of 1971 War
Transitional Justice in Bangladesh: Recognition and Enforcement of Rights of the Rape Victims of 1971 War
Anamika Modok
 
Abstract: Rape, the most heinous form of sexual assault, is now widely recognised as an instrument of genocide across the globe. During the 1971 war of independence in Bangladesh, millions were raped by the Pakistani armed forces and their local collaborators.1 Immediately after the war, Bangladesh made the International Crimes (Tribunals) Act (1973) to punish the perpetrators of international crimes committed during the 1971 war. However, the actual judicial process begun over 37 years later in 2010 when the Tribunal started to serve justice to the victims of war crimes. Although the Tribunal’s proceedings are a welcome development, the Tribunal has not taken into consideration the need for transitional justice (reparatory justice) and only remained focused on retributive justice, which means only punishing the perpetrators. This article investigates the possible role that transitional justice, in particular reparatory justice, could play to meet the justice needs of women recognised as Birangona (which literally means, courageous, brave, and war-heroine) in Bangladesh.2 Considering the history of rape during armed conflicts in other countries, this article analyses the concept of transitional justice with particular focus of reparation or compensation. The article concludes that although Bangladesh has provided ‘recognition’ - one of the forms of transitional justice - to the rape victims as Birangona, it should take further steps to provide other forms of transitional justice to them to lessen their bodily, mental, economic, social, and cultural sufferings.

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