Laws For everyday life
National legislation on combating human trafficking
TRAFFICKING in persons, specially in children and women is an extreme form of violation of human rights. As such, the Government of Bangladesh is very careful in dealing with these matters. Bangladesh has several laws relating to children's and women's rights, such as, the Penal Code, 1860, the Children's Act 1974, the Women and Children Repression Prevention Act 2000, the Emigration Ordinance 1982, etc.
The following legal provisions are found in the legislations of Bangladesh to combat human trafficking:
Constitutional provisions
Article 18(2)
The State shall adopt effective measures to prevent prostitution.
Article 27
All citizens are equal before law and are entitled to equal protection of law.
Article 28(2)
Women shall have equal rights with men in all spheres of the State and public life.
Article 32
No person shall be deprived of life or personal liberty save in accordance with law.
Article 34(1)
All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
The Penal code, 1860
Section 360
This section defines the offence of kidnapping from Bangladesh
Section 366 A
Procuration of minor girl under the age of 18 years with intent that she will be forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years.
Section 366 B
Importation of girl from foreign country under the age of 21 years for illicit intercourse or prostitution. Punishment maximum 10 years with fine
Both the Sections 366A & 366B were incorporated in the Penal Code to effect the certain article of the International Covenant for the Suppression of Trafficking in Women and Children and to punish people involved in the export and import of girls for the purpose of prostitution.
Section 369
Kidnapping or abducting child under ten years with intent to steal from its persons. Punishment maximum 7 years and fine.
Section 370
Buying or disposing of any person as a slave. This section was enacted for the suppression of slavery.
Section 371
Habitual dealing in slaves. This Section seeks to punish a habitual dealer of slaves. Punishment maximum 10 years and fine
Section 372
Selling minor under age of 18 years for purpose of prostitution etc. Punishment Maximum 10 years and fine
Section 373
Buying minor under the age of 18 years for purposes of prostitution etc. Punishment Maximum 10 years and fine
Section 374
Whoever unlawfully compels any person to labor against the will of that person shall be punished with imprisonment which may extend to 1 year.
Section 375
Definition of 'rape' has been given in this Section
Section 496
This Section punishes fraudulent mock marriage. Punishment maximum 7 years and fine
The Women and children repression prevention Act 2000 and Women and children repression prevention (amendment) Act 2003
Section 5- Punishment for trafficking of women
This Section contains specific penalties for the persons, whoever sells, imports or exports, lets to hire or buys any women of any age with intent that such women shall be employed or used for the purpose of prostitution or illicit intercourse with any person. Punishment: Death or imprisonment for life or imprisonment which may extend to 20 years but not less than 10 years.
Section 6 - Punishment for child trafficking
This section contains specific penalties for child trafficking. Punishment: Death or imprisonment for life.
Section 7 - Punishment for abduction of women and children
If any person abducts any women or children without any purpose mentioned in Section 5 of this Act Shall be punished with imprisonment for life or minimum 14 years.
Besides, Sections 9, 10, 18 and 20 are related with this subject matter.
Child prostitution
According to the Suppression of Immoral Traffic Act, 1933 no girl under 18 years of age may be engaged in sex trade. According to Section 42 of the Children Act, 1974 no girl under 16 years of age either willingly or coercion is permitted to work as a sex worker.
The Bangladesh passport Order, 1973
Section 3
No person shall depart or attempt to depart from Bangladesh unless he holds a valid passport or travel document.
Section 11
Whoever contravenes the provisions of Article 3 or knowingly furnishes false information with a view to obtaining a passport or uses a passport issued to another person or allows another person to use a passport issued to him shall be punished with imprisonment for a term which may extend to 6 months.
The passport (offences) Act, 1952
Section 3
Any person who forgoes, alters or tampers with any passport or uses a passport which he knows to be forged altered or tampered or traffic in passports shall be punished with imprisonment which may extend to 2 years.
The emigration ordinance, 1982
Section 20
Whoever except in conformity with the provision of this ordinance, emigrants or attempts to emigrate or departs or attempts to depart shall be punished with imprisonment for a term which may extend to one year.
Source: Socio Legal Aspects Of TIP Cases.
