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Existing
laws require modification to combat trafficking
Dr.
Uttam Kumar Das
Trafficking
of human being is a growing problem globally which exists both in developed
and developing countries. A UN report claimed that the crime fetches no
less than seven billion US dollars a year. Especially, trafficking of
women and children has been drawing more attention. According to the latest
report of the USA government, every year millions of men, women and children
are being trafficked. Each year up to two million people are trafficked
worldwide, including 150,000 from South Asia and 225,000 from Southeast
Asia [Source: International Herald Tribune (Internet Edition), 20 July
2002]. A recent study of the Swedish government indicated that human trafficking
rank third, behind drug and arms smuggling in the scale of organised crime.
Women and children are most venerable in this regard.
With regard to South Asia, the problem of trafficking especially women
and children has been making great concern. There is in-country and cross-border
trafficking at the same time. As available literature indicates, Bangladesh,
Nepal, Sri Lanka and Bhutan are countries of origin while India and Pakistan
are destination and transit countries. Women and girls are sold, traded,
exchanged for sexual slavery and prostitution, and bonded labours across
borders, such as from Bangladesh to India, Pakistan and Middle East and
to Thailand via Myanmer, from Nepal to India, from Myanmer to Thailand
and Bangladesh.
In case of Bangladesh, when trafficking in women has exactly been started
is unknown. It is believed that first incident of trafficking in women
was traced out in Bangladesh in 1979. The incident became a matter of
talk in the early 80s.According a report of the USA State Department on
Human Rights, there is extensive trafficking in women for prostitution
in Bangladesh. But authentic and reliable statistics is not available.
Human rights organizations estimate, about one million women and children
were trafficked from Bangladesh after independence. According to an estimate
of UNICEF and SAARC, about 4,500 women and children, on an average are
being trafficked out of Bangladesh every year. Ministry of Women and Children
Affairs (of Bangladesh), in a report presented at the meeting of UN's
CEDAW committee, acknowledged (referring the report of UNICEF) that about
0.2 million women and children were trafficked out in the last 20 years.
About 41 percent of trafficked women are between 12 and 21 years.
According to a recent disclosure by the outgoing USA Ambassador in Dhaka,
Ms. Marry Ann Peters, upto 20,000 persons, or 50 per day are trafficked
each year from Bangladesh to major cities in India, Pakistan and the Middle
East.
The main reason behind the problem of trafficking is 'demand and supply
factor' of women. Contributing factors, which are responsible for the
problem, include poverty, unemployment, lack of opportunity, illiteracy,
unawareness, over expectation, social and religious customs, impact of
globalisation and liberalisation, expansion of tourism and 'sex industry,'
conflict, militarisation etc.These purposes do not always match the promises
made during the recruitment.
Anti-trafficking
legislation in Bangladesh
Regard to statutory legislation, the Penal Code of 1860, still in existence
in India and Bangladesh (following several amendments) contains provisions
penalising crimes related to abduction, kidnapping, slavery, keeping in
confinement, buying or disposing of any person as slave, and selling for
the purpose of prostitution which are consequences of trafficking. The
punishment of these crimes ranges from imprisonment for seven years to
death sentence.
With growing incidents of violence against women and children it was felt
in Bangladesh that the Penal Code was failing to punish the perpetrators.
Interestingly, in a time frame of only 17 years three separate governments
enacted three special laws in respond to public demand, especially from
human rights and women rights organisations. But these laws, one after
another, come under public criticism for the scope of misuse.
The latest law, Women and Children Repression Prevention Act, 2000 has
been enacted with some special features including provision of special
tribunal. The law provides punishment of death sentence or life imprisonment
or rigorous imprisonment, which may be, extended up to 20 years but not
less than 10 years and also fine.
The previous law, Oppression on Women and Children (Special Provision)
Act, 1995 was enacted by the BNP government with a view also to penalise
heinous crimes relating to oppression on women and children. With the
enactment of this law the Cruelty to Women (Deterrent Punishment) Ordinance,
1983 was repealed. Like the 1983 Ordinance the Act of 1995 also supersede
other relevant laws. The 1983 ordinance was the first legislation in Bangladesh,
which provides penalty for crimes related to 'trafficking in women' specifically.
Concluding
remarks
Present form of trafficking is a manifestation of the systematic economic
crisis, political divisions and social disintegration which force women
in extreme poverty. Long term and systemic state interventions are needed
to eliminate the two main causes of trafficking: poverty and gender discrimination.
Growing concern at different level has already indicated the global responses
to the problem of trafficking of women and children. In case of South
Asia, it is not only the problem of a single country but also of the region.
So it should be combated regionally.
Bangladesh has 'stringent laws' which provide maximum 20 years imprisonment
for the crime of trafficking. But result is not satisfactory. Victims,
in most cases are not getting desired remedy. As the punishment is 'heavier'
benefit of doubt goes to the accused. There are also other contributing
factors: cumbersome and lengthy legal procedure, loopholes in existing
laws, lack of efficiency and expertise among prosecutors, corruption etc.
There were only three convictions in 2001 which was 29 in 2002, a South
Asian record.
Laws are not sufficient to fight any social stigma unless they are modified
and improved for the effective protection of potential victims. These
need further amendment and modification.
Dr.
Uttam Kumar Das is an Assistant Professor, Queens University, Dhaka.
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