Right enforcement of trafficking law in bangladesh

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Recent years' trafficking of women and children has become a major concern in our country and also countries like LDC. These types of unlawful act have been occurring because of poverty, awareness and also not to use the countries right law properly under each situation. Trafficking is a violation of human right. The report includes a discussion on the context of trafficking from the global, regional and Bangladesh perspectives. South Asia is one of the most vulnerable regions for trafficking because of its large population, large-scale rural-urban migration, the large population living in conditions of chronic poverty, and recurrent natural disasters. Women and children are sold, traded, and exchanged for sexual slavery and prostitution, and bonded labor across borders, such as from Bangladesh to India, Pakistan, and the Middle East; from Nepal to India; from Burma to Thailand; from Vietnam to Kampuchea; and from the Philippines to Japan.

2. Punishment for trafficking of child:

i. Whoever fetches from abroad or dispatches or smuggles abroad a child for any illegal or immoral purpose, or sells or purchases or keeps a child in his possession, custody or security for such purpose, he shall be punished with death or rigorous transportation for life and also with fine.

ii. If any person steals a newborn baby from a hospital, child or mother care home, nursing home etc. or from the custody of the guardian of the child, he shall be punished under sub-section (Ñ-). (1)

But the concerning subject with such law criminals still doing such things across the and they made it as an earning source for their life. Women and child are getting victimized by those criminals.

1. The Act below enacted by Parliament, was approved by the President on 14 February 2000 ( 2 Falgun 1406) and is published herewith for the information of the general public:- Act No VIII of 2000

3. Concept and Internalization of Trafficking Problem:

The Bangla phrase of trafficking is Pachar, which means nari and shishu pachar illegally across the border. SAARC definition "Trafficking in women consists of all acts involved in the procurement, transportation, forced movement, and/or selling and buying of women within and/or across border by fraudulent means, deception, coercion, direct and/or indirect threats, abuse of authority, for the purpose of placing a woman against her will without her consent in exploitative and abusive situations such as forced prostitution, forced marriage, bonded and forced labor, begging, organ trade, etc." (2)

International organizations use various definitions for describing trafficking. The definitions tend to focus on gender, age, reason for trafficking, and the issues of coercion and violence that are often associated with trafficking. Although the dimension of sex work is an important element, trafficking activities are not only carried out for sex work or prostitution, but also for other purposes. Thus, definitions tend to be general and encompass not only the sex and age of trafficked persons, but also the different purposes for which people are trafficked.

These things are creating social instability and insecurity all over the country. All the criminals are creating such fearful environment across the country. Parents are feeling insecure to send their children to school especially in rural area, where there law and order situation is not that much strong.

2. The countries of the South Asian Association for Regional Cooperation (SAARC) adopted a definition in their Convention for Preventing and Combating Trafficking in Women and Children. Nevertheless, a consultation workshop, organized by the Resistance Network in Bangladesh in August 1999, made suggestions for changes in the convention. The following definitions were proposed in the workshop:

"Trafficking in children consists of all acts involved in the procurement, transportation, forced movement, and/or selling and buying of children within and/or across border by fraudulent means, deception, coercion, direct and/or indirect threats, abuse of authority, for the purpose of placing a child against her/his will without his/her consent in exploitative and abusive situations such as commercial sexual abuse, forced marriage, bonded and forced labour, begging, camel jockeying and other sports, organ trade, etc."

4. Level of the Problem:

Around 200-400 women and children smuggled across the Bangladeshi border every month to India and Pakistan. They specially smuggled across border for prostitution and other labor work. According to newspaper reports, 165,000 Bangladeshi women were engaged in prostitution in Pakistan in 1992. There is no reliable estimate of women and children who have been trafficked from Bangladesh to other countries.

5. Modes and causes of trafficking:

The factors have been categories into 2 way: the first one known as push factor, there are the conditions in the environment of the 'sending' communities or countries that ensure a supply of people for trafficking. These factors include low employment opportunities, low social status of women, economic and social vulnerability of women and children, urbanization, migration, etc. The second group refers to the set of 'pull' factors that support the demand for trafficking activities. These include wage employment and bonded labour, labour migration and prostitution, and cultural myths. All these factors have been explained in this report.

6. Trafficking routes:

Bangladesh is a country where the neighboring likes India, Nepal, and Burma. It's very much easy because of unprotected border between those countries. The border areas of

Khulna, Jessore, Satkhira, Rajshahi, Dinajpur, Rangpur, Mymensingh, Comilla, Brahmanbaria, and Sylhet are frequently used as land routes for trafficking. In the northern region, the districts of Kurigram, Lalmonirhat, Nilphamari, Panchagarh, Thakurgoan, Dinajpur, Naogoan, Chapai Nawabganj, and Rajshahi, and in the south, Jessore and Satkhira are the areas in which women and children are most susceptible to trafficking.

7. Consequence of trafficking:

The consequence of trafficking created deadly diseases like HIV. For instance, domestic and industrial work may also have an increased risk of HIV infection because of their exposure to instances of forced sex and perhaps also the potential initiation into substance misuse, including contact with intravenous drug users. However, a search for printed documents and a search on Internet for relevant references on this issue were unsuccessful.

Child labor has increased quite a number because they are paid less than the market value. For these thing criminals are encouraged to bring child and enforce them to work aboard like India and Nepal.

8. Global Context

Trafficking in women is one of the fastest growing criminal activities in the world with an estimated one to two million young women being trafficked annually forthe purpose of forced labour, domestic servitude, or sexual exploitation. The question of trafficking has figured prominently in the agenda of recent international meetings, such as International Conference on Population and Development in 1994, World Summit for Social Development in 1995, and Fourth World Conference on Women at Beijing in 1995. Accordingly, there is also a growing interest among the policy-makers and programme managers to identify effective options for preventing such exploitation of women and children and in designing appropriate interventions for them. (3) under these circumstance trafficking of women and child is getting a concerning issue in today's world. Security has become a key issue for the trafficking victim people, where they want to make sure that law of individual countries can provide it with strong hand.

3. The International

Organization for Migration (IOM) estimates that, in 1995, about 500,000 women were trafficked to the countries of the European Union from poorer regions of the world (13). So, it is not a problem of developing countries alone.

9. Cultural and political contexts

Bangladeshi culture is male dominated culture where male can impose their decision on female. Such a culture can be exploited wrongly by different people. As a result women and children sometimes forces form their family and put them into those criminals. Both women and men have the same rights and are entitled to equal treatment under the law. Nevertheless, cultural norms often act as barriers to the implementation of egalitarian legislation. (4)

10. Organizations Involved in Preventing Trafficking

Both government and NGOs have been working in combating trafficking in Bangladesh. Bangladesh has ratified many international laws and conventions. For example, Bangladesh has ratified the Convention on the Elimination of All Forms of Discrimination against Women with Reservations of Article 2, 13(a), 16.1, and 16.1 (9c) and the Convention on the Rights of the Child (UNCRC). It has also played an effective role at the Fourth World Conference on Women in Beijing in 1995 and endorsed the Plan of Action. In addition, in recent years, the government has promulgated a number of laws, and has approved various policies and regulations to ensure equal rights of women in all spheres of life and also to eliminate violence against women. According to Article 34.1 of the Constitution of Bangladesh, "All forms of forced labour are prohibited and any contravention of this provision shall be an offense punishable in accordance with law." Other available statutes with direct implication to trafficking in women and children are: (1) The Penal Code 1860, (2) The Children (Pledging of Labour) Act 1933, (3) The Suppression of Immoral Traffic Act, 1933, (4) The Children Act, 1974, (5) The Cruelty to Women (Deterrent Punishment) Ordinance, 1983, (6) The Women and Children Repression (Special Provision) Act, 1995 (Resistance Against Trafficking in Women and Children in South Asia, 1997), and (7) Women and Children Repression Prevention Act, 2000. Nevertheless, it is also widely acknowledged that no sufficient steps have been taken to implement these laws effectively to protect women and children from trafficking. Therefore, it is important for the policy-makers to distinguish between eliminating violence against women and also combating trafficking women and children. Currently, the government has undertaken a project, "Child Development : Coordinated Programme to Combat Child Trafficking," The programme will start as a pilot project in 12-15 high-risk areas for trafficking. The project will establish a system of multisectoral task forces at the national, district and upazila levels to conduct motivational programmes and support the efforts of organizations working in the area of prevention, rescue, repatriation, and rehabilitation of trafficking victims.

11. National Laws

The issue of trafficking of women and especially of children has been incorporated in various acts and laws that have been enacted from time to time. The Penal Code of 1860, modified in 1991, contains provisions of kidnapping, abduction, slavery, and forced labour. The Penal Code specifies two kinds of kidnapping from Bangladesh and kidnapping from lawful guardian (Section 359 of the Penal Code).The law relating to kidnapping from Bangladesh is contained in Section 360 of the Code, which lays down that:

"Whoever conveys any person beyond the limits of Bangladesh without the consent of that person or of some persons legally authorized consent on behalf of that person is said to kidnap that person from Bangladesh". Source: Prof. Ishrat Shamim President Centre for Women and Children Studies

Section 12. Penalty for Trafficking in Children

Whoever exports, imports, sells or obtains possession of any child with intent to export, import or sell that child or that child is found in possession of any person for such purposes shall be punished with death sentence, or life imprisonment. The above-mentioned law has been repealed and a new law titled Women and Child Repression Prevention Act, 2000, was enacted with the provisions of more stringent punishment. Women and Child Repression Prevention Act, 2000.

Section 5. Punishment for Trafficking in Women

􀂎 Whoever brings from abroad or sends or traffics abroad, or buys or sells, or lets to hire or otherwise disposes of any women with the intention of using that women in prostitution or using for elicit intercourse or for any unlawful or immortal purpose, or for such a purpose keeps a woman in his possession, care or custody shall be punished with death sentence or life imprisonment maximum 20 years but minimum 10 years and in addition be liable to a monetary fine.

􀂎 If any women is sold, hired or disposed of in any of her way to a prostitute or to any person who keeps or manages a brothel then the person who has disposed of her in that way, unless proven otherwise will be thought to have sold or disposed of the women for prostitution shall be punished according to the above Sub-Section (1).

􀂎 Whoever keeps or manages a brothel buys or hires or gets in their possession by any other way or keeps in their custody any women, then unless proved otherwise, will be thought to have brought, hired or kept in their possession for use in prostitution shall be punishable in accordance with the above Sub-Section (1).

Section 6. Trafficking in Children

􀂎 Whoever brings from abroad, sends or traffics abroad or buys or sells or otherwise keeps a child in his/her possession, care or custody with the intention of using the child for any unlawful or immoral purpose shall be punishable with death sentence or life imprisonment and shall also be liable for fine.

􀂎 Whoever steals a newborn baby from hospital, child or maternity hospital, nursing home, clinic etc., or from the custody of concerned guardian shall be punishable in accordance with Sub- Section (1).

National Laws, Policies, and International Instruments Relating to Trafficking of Women and Children Source: Prof. Ishrat Shamim President Centre for Women and Children Studies

12. Conclusion:

According to our National Law, we can easily protect these types of unlawful crimes. Another step is to make the people aware of the fact and how it will effect us for a long period of time. These problems can be solved by negotiating with our neighboring countries like India and Pakistan. The CWCS is involved in advocacy and awareness-raising to combat trafficking of women and children at the local, national, regional and international levels. In recent years, campaigns and advocacy programmes with local government agencies, NGOs, community leaders, police, journalists, teachers, doctors, lawyers, parents, guardians, adolescents, and children and particularly with community people at the grassroots level were undertaken.