Soon after Ms. Ali started her law practice in 1986, she joined the Association, which provides free legal aid to women in need. Now the Association has grown to include 200 members, with 40 active lawyers working part or full time. They run 24 legal aid clinics countrywide for women. In 1993, Salma Ali was awarded the Ashoka Fellowship for her pioneer work in releasing and rehabilitating women who are wrongfully imprisoned – victims of circumstance, rape, or trafficking.

Looking Lost – Landing in Jail

In 1989 Ms. Ali was granted permission to make a routine jail visit, and first became aware of the number of minor girls imprisoned – many for years. Most of them had been remanded to 'safe custody' in jail, by the courts. The paradox is that, "There are no specific laws regarding safe custody", says Salma Ali. "Police can arrest people for suspected movement, without a warrant. It often happens near Dhaka railway station. A young woman comes to Dhaka for a job. She looks confused when the police question her and she cannot give a local address. She is taken into protective custody. The magistrate gives the order for safe custody, and she is put in jail!"

Ms. Ali was shocked at the situation, and that year became the first lawyer in Bangladesh to obtain the release of such a runaway. Through persistence, she managed to locate the family of the teenager who had been in safe custody for four months in Dhaka jail. The girl's father was overjoyed when contacted and rushed to Dhaka the same night. The poor man thought she had been kidnapped, and had filed the proper papers with the local police authorities.

"Meanwhile, there was no communication between the different police stations, or the prison authorities, and different agencies", says Salma Ali in disgust.

Police also arrest women for indecent behavior, as "bad girls", including minors found during brothel raids. The police have to produce all those arrested in court within 24 hours. For many girls the tragedy starts in this interim period, when they become victims of police brutality and sexual abuse.

In court, the magistrate is faced with the problem of what to do with the woman, until her case is resolved. If she is on her own, "unprotected" by family members, or if she is a minor released from a brothel, there is a real question as to where she can be kept temporarily. An illiterate woman might be unable to give a home address. With few options provided by the justice or welfare system, magistrates use their "undefined discretionary powers" and put them in prison – along with convicted women criminals. There they remain, as no effort is made to contact their families, or provide them legal due process.

Prisoners of Poverty and Natural Disasters

Unfortunately, Ms. Ali's first case was not typical of the route to protective custody in Bangladesh. Her other stories are more grim and violent, set against a backdrop of poverty and displacement. The many natural disasters such as cyclones and floods that strike Bangladesh, leave hundreds of people without homes. Illiterate women and children get lost, and end up in "safe custody."

Others are survivors of rape, brothels, or broken homes. The social structure is such that when a man rapes a young girl, often she is the one who becomes the outcaste – a "useless" girl, who cannot marry, someone who brings "shame" to the family. Ms. Ali speaks out bravely against prevalent social customs that allow polygamy, child marriage and dowry, as causes for gender discrimination that ultimately lead to violence against women.

Although not proscribed by Islamic Law, men demand large sums of money, or material goods, as dowry from the bride's family when they marry. Sometimes, after marriage they change their minds and want more. They mistreat and discard their wives, or just re-marry. These situations leave many women and children homeless. They go to the cities looking for jobs, but end up in "safe" custody.

Trafficking in women from Bangladesh also contributes to the custody problem; an estimated 200,000 women have been smuggled out illegally in the last ten years. Poor families are lured into sending their women and children abroad with promises of fancy jobs, or victims are abducted and sent to India, Pakistan or the Middle East, for purposes of prostitution or forced labor. When the agents, "traffickers", are apprehended, they are arrested – and their victims are put into "protective custody."

To date, Ms. Ali has helped to rescue hundreds of children from traffickers, at times travelling to neighboring countries. In India alone about 100 child victims have been located and repatriated. She has initiated training programs for "high-risk groups" in the border villages to alert them to the dangers.

Salma Ali lays the blame for the woeful situation of safe custody and wrongful imprisonment in Bangladesh squarely on the Government, and corruption among the police. Crimes against women and children carry a maximum penalty of life imprisonment or death. Yet, offenders caught with large groups of women and children at the border are often just charged for an illegal crossing, and get off with a small fine.

Ms. Ali thinks the law is not being implemented, although it is the duty of the Government. She blames them for the "lack of protection, especially for women, even in the police stations and jails." She believes that "There are very strong groups involved. Who are the real original traffickers? Politicians, police, influential people. They have good connections. We catch only the middlemen – the recruiters."

To combat this, Ms. Ali has initiated discussion forums with all those involved in the criminal justice and social system – police, lawyers, judges, journalists, politicians, and religious leaders – to make them aware of the issues. These forums are either small round-table workshops or larger symposia at which concerned scholars and citizens groups participate.

Miserable Living Conditions

Ms. Ali estimates there are 80-100 wrongfully imprisoned women among the total female population of 500-600 in Dhaka jail. Girls as young as 8 ?15 years old can be remanded to safe custody, and remain in jail for as long as 2-4 years. In jail their living conditions are miserable, with no work or education programs.

"In the jail code there is no place for safe custody", says Ms. Ali. "There is no provision or funds to give anything to these girls. They have to get their saris, plates, and other things, from the criminal inmates." Ms. Ali has noticed the girls they release from prison suffer from skin diseases. "You know that indicates a lack of space and hygiene, because there are no proper facilities in jail."

There are many instances of sexual abuse of safe custody women in prison. Salma Ali filed a case on behalf of a minor girl she released, who was two months pregnant, although she had been in jail for two years. She was raped by a male prison warden who took her to a local hotel, instead of the hospital where she needed to go.

The real problem is there are few choices, even for a concerned magistrate, regarding where people can stay for protective custody purposes. There are only six Government shelters in the country – the one in Dhaka has space for about 35 women.

The shelters are usually full beyond capacity, with inadequate facilities. There are a few homes run by other organizations that also have limited space. Salma Ali still ruefully recalls the incident that took place in 1991, which led her to start a shelter. She arranged the release of a woman prisoner, but could find nowhere for her to stay. Finally, she decided to take the woman home. While she was having a bath, the woman disappeared – along with all her gold jewellery!

Shelter and Rehabilitation

The Lawyers Association now runs a 50-bed shelter home named "Proshanthi" (Profound Peace), in a spacious, two-story house in Dhaka City. Women and children rescued from trafficking are taken there upon release. The first thing Ms. Ali tries to do is reconnect them with their families, which can take a few weeks. Unfortunately, social attitudes prevent many from returning. If a legal case is still in process, the released prisoner needs to stay until its resolution. Hence residents can remain at the shelter for as long as 6 months to a year.

Better Than Before But Still Locked In

Unfortunately, as Salma Ali herself admits, the shelter is like another jail. The Lawyers Association has to undertake a bond for released prisoners with cases pending, and take them for court appearances. Therefore, the shelter has locked gates, and these women are not allowed out alone. Others have jobs at local garment factories and do go out daily. On the whole, the residents look happy and healthy, in spite of their isolation.

Real Safe Custody Within Reach

Ms. Salma Sobhan, feminist lawyer and Executive Director of Aino Salish Kendra (another well known Bangladeshi legal aid organization for women and children), was involved in the early conceptualization of the project. She feels "Salma Ali has really brought it along", but that "now the time has come where we can be more systematic." She feels BNWLA can organize specific teams of lawyers to be present at the police stations, at the jails and courts, so that women are protected early on – before 'Safe Custody' becomes necessary.

Salma Ali, Executive Director
Bangladesh National Women Lawyers Association
36/2 Mirpur Road
Dhaka 1205, Bangladesh
Telephone: 880-2-966 5163
Fax: 880-2-966 3295
Email: BNWLA@bdonline.com