A woman’s long legal battle to get her child’s paternity in Manikganj

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In Harirampur Upazila of Manikganj, a woman has been fighting a legal battle for her child’s paternity for more than a century. Despite social humiliation, financial crisis and lengthy legal proceedings, he is still at the door of the court hoping for justice.

The victim woman complains that her child is not getting the father’s rights even though the DNA test has confirmed the identity of the father. In this situation, he is in despair and uncertainty to get the paternity of the child. Even though an era has passed, his family has also become helpless as the case has not been resolved.

Chairman of the local Union Parishad (UP) told Prothom Alo, after the incident, the arbitration was held at the request of the woman’s family. In arbitration, the accused youth agreed to marry the woman. But later ran away. He later advised the victim’s family to take legal action.

According to the statement of the case and the family of the victim woman, the accused Shariful Islam and the woman’s house are in the same union. In 2012, Shariful proposed to that woman (then a young woman). After some time, love relationship developed between them. On the night of November 1, 2012, Shariful took the woman to his house with the help of a neighbor and raped the woman. At one stage, when the victim became pregnant, the woman pressured Shariful into marriage and informed her parents. The woman’s family wants justice from the local UP chairman and members. Shariful agreed to the arbitration but never married again. On the contrary, he threatened to abort a six-month pregnant woman. After that, on May 16, 2013, the victim woman filed a case against Shariful and a neighbor of Shariful on the charge of rape in the Manikganj Women and Child Torture Prevention Tribunal.

The woman told Prothom Alo that she filed a case with a DNA test application to determine the child’s paternity. The DNA test confirmed Shariful as the father of her child, but the proceedings in the case were repeatedly delayed. Sometimes due to absence of witnesses, sometimes absence of the accused or legal complications, the case gets dragged on for a long time.

The victimized woman from a poor family has been working in a garment factory in Ashulia, Savar, Dhaka for almost six years. The woman’s child is now 13 years old. Studying in class VII in a secondary school. The child’s mother reported that the child was experiencing difficulties in both social identity and emotional development. He said, ‘My child has no fault. Why would he be deprived of his father’s identity? I want the rights of my child’s father to be guaranteed.

According to the relevant documents and family sources, the police arrested the accused Shariful after filing the case. He was released on bail after almost two years in prison. After that he is on bail from the High Court. In this case, on October 30, 2013, the then officer-in-charge (OC) of Harirampur police station filed a charge sheet against Shariful in the tribunal. Shaukat Ali.

The victim’s father said that they were under pressure due to various social insults and lawsuits in this incident. Many have commented negatively on the matter. However, they continue to fight for justice. After registering the case, the police arrested the accused. He was later released on bail. He expressed apprehension about getting justice as the case was not resolved for a long time.

However, accused Shariful Islam claimed that this is a conspiracy case. He got bail in the high court. The matter will be settled in court.

Lawyers say DNA tests are considered important evidence in such cases. However, due to various reasons, these tests are delayed. Besides, the tangle of cases, the pressure of the court and the procedural complications become major obstacles in the way of getting justice.

Abu Bakr Siddique Bajlu, executive officer of National Women’s Organization, Manikganj said that the victim woman came to their office. Later, with the help of the organization, the woman filed a case in the tribunal through the Legal Aid Committee. The woman did not give up even though she was disappointed that she did not get justice after an era. His only demand is that the paternity of the child should be confirmed, justice should be established.

District Women Torture Tribunal Government Counsel (PP) Md. Humayun Kabir said, the case is in the final stage of taking evidence. The judgment of the case will be announced after taking the evidence. He believes that the aspirant will get justice.