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HUMAN TRAFFICKING: A CRITICAL APPRECIATION AND

RECOMMENDATION OF THE RESPECTIVE ACT
AND ITS POLICY IMPLEMENTATION IN BANGLADESH

NURUZZAMAN*
----------------------------------------------------------------------------------------------

Abstract: Trafficking in persons is one of the most atrocious crimes and gross
violation of human rights in the present world that exploits women, children and
men for various purposes. In the modern world, the consequences of trafficking
are devastating to its victim and the society. Human Trafficking has become a
serious issue in Bangladesh resulting in terrible and sometimes horrifying
consequences. The objective of this article is to find out the way to overcome the
ambiguities and make the mechanisms more functional in dealing with human
trafficking related matters and cases. I have also tried to point out the reasons
behind becoming a victim of human trafficking with relevant case studies and to
create awareness on that issue.

Introduction: Human trafficking is a modern form of slavery1 and its magnitude

is spreading out all over the world rapidly. In Bangladesh, being a poor and
overpopulated country, the intensity of the offence of human trafficking is most.
To combat with this hypersensitive complication, the Government and other
respective NGOs has already taken into account several procedures and carried
out certain laws2. However, all their endeavors could not demonstrate to be
productive operation focusing on the matter. To highlight this grievous issue and
to fight against this challenge the Government, NGOs and other international
communities along with the Media (for coverage, assistance or campaign) should
perform simultaneously and must concern on the execution of the existing laws.
Today trafficking has developed into a widespread criminal practice which is given
equal status of modern form of slavery and can also be treated a trade in people

* Holds an LLB (Hons), University of Dhaka.

1 American Civil Liberties Union (ACLU)’s definition.
2
The Prevention and Suppression of Human Trafficking Act of 2012, and Human Trafficking Deterrence and
Suppression Act 2012.
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for the purpose of forced labor, sexual abuse, slave trade, commercial sexual
exploitation and involves the restriction of movement of people from one place to
another.
Definition of Human Trafficking: According to section 3(1) of Human
Trafficking Deterrence and Suppression Act (2012), “Human trafficking” means the
selling or buying, recruiting or receiving, deporting or transferring, sending or
confining or harboring either inside or outside of the territory of Bangladesh of
any person for the purpose of sexual exploitation or oppression, labor
exploitation or any other form of exploitation or oppression by means of: (a)
threat or use of force; or (b) deception, or abuse of his or her socio-economic or
environmental or other types of vulnerability; or (c) giving or receiving money or
benefit to procure the consent of a person having control over him or her.
The United Nations defines human trafficking as the recruitment, transportation,
transfer, harboring, or receipt of persons by improper means (such as force,
abduction, fraud, or coercion) for an improper purpose including forced labor or
sexual exploitation.3
According to The International Criminal Police Organization4, “Trafficking in
human beings is a multi-billion-dollar form of international organized crime,
constituting modern-day slavery.”
The UN trafficking Protocols-2000 defined human trafficking as “Recruitment,
transportation, transfer, harboring or receipt of persons, by means of threat or
use of force or other forms of coercion, of abduction, of fraud, of deception, of
the abuse of power or of a position of vulnerability or of giving or receiving of
payment or benefits to achieve the consent of a person having control over
another person, for the purpose of exploitation.”
From the above mentioned definition It is submitted that human trafficking as
regards without the consent of any person, or with consent of any person by
inducing, provocating, persuading, enticement or any other means to buy or sell
of that person from one country to another or inside said to be trafficking.

3
UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, summary
Web page at http://www.unodc.org/unodc/en/treaties/CTOC/index.html
4
INTERPOL 2015’s report on trafficking.
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Provisions and Obligations of The State on Human Trafficking: With a

view to preventing and penalising human trafficking, the government enacted the
Prevention and Suppression of Human Trafficking Act of 2012. The 2012
Prevention and Suppression of Human Trafficking Act (PSHTA) criminalises sex
and labour trafficking and prescribed penalties of five years to life imprisonment
and a fine of not less than 50,000 Bangladeshi Taka.5
Human trafficking violates the rule of law, threatening national jurisdictions and
International law6. The Constitution of Bangladesh mandates the establishment of
a society based on the rule of law, fundamental human rights and freedom,
equality and justice, and of respect for human dignity and worth of all persons. 7
The Constitution bans forced and bonded labour in article 34(1).
The Prevention and Suppression of Human Trafficking Act, 2012 says in its section
6(2), “Human trafficking is prohibited in Bangladesh and if anyone commits the
crime of trafficking shall be punished with an imprisonment not exceeding
imprisonment for life but not less than 5 years of rigorous imprisonment and with
fine not less than taka fifty thousand.”
Section 371 of the Penal Code, 1860 says, “Whoever habitually imports, exports,
removes, buys, sells, traffics or deals in slaves, shall be punished with
[imprisonment] for life, or with imprisonment of either description for a term not
exceeding ten years, and shall also be liable to fine.” So, it can be said that the
Constitution guarantees a number of fundamental human rights from article 27 to
44 which provide for an obligation for the state to prevent violations of human
rights in any form, including human trafficking.

Evaluation of the Respective Law:

The Prevention and Suppression of Human Trafficking Act, 2012 provides for
accountability of the government and non-public organizations that would be
undertaking activities under the law. The statute8 lays down for private-public
partnership for its implementation and sets out a number of principles for
implementation. It provides the following salient features:
* Trafficking has been defined in compliance with international and regional
standards
5
section 6(2).
6
United Nations Convention against Transnational Organized Crime.
7 rd
3 para of the Preamble of The Constitution of The People’s Republic of Bangladesh.
8
The Prevention and Suppression of Human Trafficking Act, 2012.
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* Abatement of trafficking has been defined as an offence

* Gender neutral law
* Burden of proof of guilt has been imposed upon the accused
* Improved investigation systems
* Establishment of separate tribunals
* Women, children, and disabled persons friendly law
* Admissibility of electronically recorded evidence
* Repatriation, rehabilitation and re-integration mechanisms
* Financial aid for survivors and recognition of Right to Compensation
* Establishment of formation of Human Trafficking Commission.

Section 2 of the statue is definition clause elaborately defined the ancillary

related to human trafficking. Chapter II (section 6 to 16) discusses ancillary
offences and penalties of the traffickers. Chapter III (section 17 to 20) deals with
filing of complainants and investigation. Chapter IV (Section 21 to 31) discusses
the anti-human trafficking offence tribunal and the trial of offences. The chapter
V (section 32 to 40) discusses assistance, protection, rehabilitation of the victims
of human trafficking and witnesses. Chapter VI (Section 41) discusses joint or
mutual legal assistance to suppress and prevent human trafficking. And the
Chapter VII contains miscellaneous provisions. Altogether the statue contains 48
sections, and its robust provisions hit the offenders of the human trafficking.9

Governments initiative to make the Trial speedy and effective for the purposes of
speedy trial of the offences the government may establish Anti Human Trafficking
Offence Tribunal.10 The tribunal shall have all the power of the court of sessions.
And for the interest of justice the tribunal may issue any protective order and
direct any person or institution to submit any report, document or register to the
tribunal under the control or disposal of the person or institution. To protect the
privacy of women and children the tribunal may by stating the reason that the
trial shall be conducted in camera with the presence only of the parties to the
case, their advocates and other representatives to the case. As this is a speedy
tribunal for this reason the tribunal shall conclude the trial within 180 (One

9
A schematic view on The Prevention and Suppression of Human Trafficking Act, 2012 by the author.
10
Chapter IV (Section 21 to 31) of The Prevention and Suppression of Human Trafficking Act, 2012.
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Hundred Eighty) working days from the date on which the charge for an offence
under this Act has framed.
Bangladesh has ranked in the Tier 2 Watch List as per the reports of the US
Department of States for the third consecutive year.11 The country does not fully
meet the minimum standards required to combat trafficking in persons, but has
been making considerable efforts to do so by initiating National Plan of Action
and initiating investigations. The report12 further states that the Government of
Bangladesh has been cooperating with counter-trafficking efforts of NGOs.
With a view to preventing and penalising human trafficking, the government
enacted the Prevention and Suppression of Human Trafficking Act of 2012. The
2012 Prevention and Suppression of Human Trafficking Act criminalises sex and
labour trafficking and prescribed penalties of five years to life imprisonment and a
fine of not less than 50,000 Bangladeshi Taka.13
However, the effectiveness of this Act has been minimal. The conviction rate
under the Act is extremely low. According to the Bangladesh police reports, the
conviction rate between 2013 and 2019 is 0.4%. Only 25 out of the total cases
filed resulted in convictions.14 Moreover, no tribunal as required by the Act has
yet been formed, significantly reducing the access to justice for trafficking in
persons.
In the case of Abdul Gafur vs Secretary, Ministry of Foreign Affairs15 the
government of Bangladesh, a 15-year old Bangladeshi girl disappeared from her
locality. After a few years, her family found that she was abducted by child
traffickers, was sold in India and subsequently rescued. Finally, her father, after
writing to the Bangladesh government asking authorities concerned to take steps
for her repatriation, lodged a writ petition with the High Court seeking an order to
the related department to take rapid action. This is a significant case of cross-
border trafficking. It was argued that the girl was entitled to protection under
articles 27, 31 and 32 of the Constitution. But the Respondents did not turn up in
this court in spite of due service of notice upon them which proves their negative

11
Human Trafficking in Bangladesh: Analysis, Challenges & Recommendations, ed. Salma Ali (Dhaka: Bangladesh
National Woman Lawyers’ Association, 2013), pp- 2.
12
Ibid.
13
section 6(2)
14
Bangladesh Police Report on Human Trafficking, web page at
https://www.police.gov.bd/en/monthly_status_of_human_trafficking_cases
15
(1997) 17 BLD (HCD) 453.
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attitude toward the issue. In the similar case where the govt did not take any
measure to take back the trafficked girl, Gafur v. Bangladesh16. However, it is very
clear that the implementation mechanism is weak and there is a negligence on
the part of the implementation mechanism.

Problems regarding Legal Framework on Human Trafficking: The

problems regarding human trafficking include prosecution, protection and
prevention processes17. Effective law enforcement action is an indispensable
element of government efforts to fight human trafficking. Whether governments
criminalize all forms of human trafficking, vigorously investigate and prosecute
cases of human trafficking, and convict and sentence those responsible for such
acts with prison sentences that are sufficiently stringent to deter the crime and
adequately reflect the heinous nature of the offense. Governments should hold
criminally accountable all perpetrators of human trafficking, including
intermediaries aware of the intended exploitation, and should not impose
suspended sentences, fines, or administrative penalties in place of prison
sentences. Further the court has not yet ensured the lenient approach regarding
human trafficking case. The women and children are very much vulnerable and
worst sufferers of the human trafficking and their protection under law is ensured
but in the real social scenario they are not protected, means, they are stigmatized
and marginalized in the social mind set. To effectively protect foreign and national
trafficking victims, governments should enable them to remain in the country,
work, and obtain services without fear of detention or deportation for lack of
legal status or because of crimes that their traffickers forced them to commit. In
addition, governments should ease the process for victims to secure immigration
relief. Safeguards should be put in place to ensure the security of victims as well
as of their family members who may be at risk of intimidation or retaliation from
traffickers. In cases in which trafficking victims, either adults or children, have
records for crimes committed as a result of being subjected to trafficking, such
records should be vacated or expunged. The last one is prevention process which
is crying need to eliminate this kind of atrocious activity. Prevention efforts are an
equally important component of the global movement to combat human

16
a 1997 Supreme Court case.
17
US Department of State on office to monitor and combat trafficking in persons’ Report.
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trafficking. Effective prevention efforts address the tactics of human traffickers’

head on. Creating awareness among the masses by electronic mass media such as
tv, radio, newspaper etc. But the media coverage is not made sure to the root
level of the country when the villagers or outside city people are not properly
known about the consequence of the trafficking. The overpopulated country like
ours is not cope up the control, manage and synchronize the people altogether
for that reason the evidence of the human trafficking cannot easily be traced.
However, the government does not have any systematic procedure to identify
trafficking victims among vulnerable populations or to refer victims of trafficking
to protective services. The implementation policy of the govt, in a greater line,
can be said that very weak about the human trafficking. So, the Ministry of
Foreign Affairs,18 should take strong initiatives to increase the relationship with
the missions country to take surveillance of import-export manpower. Essentially,
prosecution, protection, and prevention efforts are closely intertwined.
According to police headquarters, 6,106 people were arrested in connection with
human trafficking since 2013, but only 25 of them have been convicted. The
conviction rate is 0.4%.19 To prevent trafficking and punish the criminals, the
government enacted the Prevention and Suppression of Human Trafficking Act in
2012. The rules of this act were also formulated later, in 2017. But the tribunal
required by law to try cases filed under this act, has not been established till date.
Kazi Reazul Hoque20 said: “Implementation of the act is a big challenge now. Due
to lack of the specific tribunal mandated by the act, subordinate courts are
looking after the cases, which creates a case backlog in the courts. This is one of
the main reasons for delays in trafficking cases.”

Recommendations: There is a huge potentiality to reinforce the laws on the

human trafficking in Bangladesh. Making organized, succinct, and robust of the
policy implementation mechanism the human trafficking can be eliminated from
our country. The Police can play a very vital role in eliminating human trafficking
from our country. The police should be more proactive, alert, and vigilant about
the human trafficking. Bangladesh government can increase budget to increase
Bangladesh Coastal Guard’s logistics, increase community police and volunteers
18
Dhaka, Bangladesh.
19
Bangladesh Police Report on Human Trafficking.
20
The former National Human Rights Commission’s Chairman to Dhaka Tribune, 21st April, 2019.
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that will help police or law agencies by giving information and raise public
awareness. Budget for the victims, budget for research projects, budget for public
awareness can play important role. A research team can be made with local non-
government organizations or agencies. That group will count down the number of
victims and follow up them. The statistics will publish every month showing the
number of peoples trafficked. It will also include the case against human
trafficking and whether the tribunal is implementing the policy or not. By proper
follow up with correct statistics the ministry will be able to find out the flow of
human trafficking is increasing or not. Necessary measures can be also initiate
according to the statistics. A website can also be established to relate the
research outcomes so that other agencies or organizations will be able to analyze
the data. Trafficking networks include both economically and politically motivated
criminals. Different forms of violent political action are funded by human
trafficking. Trafficking undermines democracy, rule of law, and accountability of
governments. State officials such as border patrol members, customs officials, law
enforcement officers, and members of the security apparatus are often trafficking
facilitators, but they participate in this repression for personal gain and not in the
interests of the employers. After surveying the several courts, it is clear that not
so much case filed under this Act. Most of the time victims are not willing to file
cases. If the victim files case then witnesses does not present in the hearing, so
finally justice is delayed. Sometimes traffickers will threaten the victim or the
victim’s family to withdraw the case. As a result, most trafficking cases are
withdrawn before they ever reach trial. Therefore, adequate protection and
safety should be ensured for the victims so that they can give evidence without
fear. They must be kept in safe custody of a well-guarded rehabilitative
institution. During a trial, the victims should be protected at all times and
separated at all times from the accused. Multi-jurisdictional law enforcement
personnel, lawyers, and an array of benefit providers must consider the varying
levels of trauma the victim has endured and the victim’s cultural background
when addressing his or her needs. Victims should be put at the center of the case
because of their importance to the prosecution. In fact, victim’s cooperation was
seen as essential to the success of the prosecution for many prosecutors. The life
of trafficking victims turns to be complex and hard to restore their live. Trafficking
victims die, become seriously ill, or are injured in the world each year as a result
of the hazardous work conditions. For many who are impaired, there are no
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effective treatments, as they are psychologically damaged for life, suffering

frequent nightmares and flashbacks and manifesting suicidal tendencies. In
addition, there are some families who refuse to accept the survivors back due to
fear of social stigma. Trafficked persons or children have special physical,
emotional and mental health needs that need to be dealt with by someone with
expertise in working with individuals who have undergone this type of trauma.
But such expertise is still lacking in Bangladesh.21 Without a strong and effective
legal regime, traffickers will continue to exploit and take advantage of the
vulnerabilities of the poor and marginalized, especially women and children.
People awareness is necessary to combat the crime of human trafficking.

Conclusion: Human trafficking problem is alarming social issue, which is

increasing because of globalization processes and differences in standards of
living people from different countries. It is considered that human trafficking
equals prostitution and sex work, but it is wider concept because it includes not
only prostitution and sex work but also labour trafficking. Trafficked persons
usually have physical, psychological and mental problems on every stage of
trafficking process, that’s why they need constant assistance and support from
social workers. In the meantime, Bangladesh has ratified to the UN Convention
Against Transnational Organized Crime (2000) and has taken the issue of
trafficking seriously.22 The Act not only addresses the preventive measures but
also provides protective measures for the victims of human trafficking. The
measures include the identification and rescue the victims, repatriation and
return of the victims, establishment of protective homes and rehabilitation
center, social integration. The Act23 also provides protective measures for child
victims and witness in the course of trial. Besides the criminal suit the victim of
the human trafficking may sue for compensation in any civil court for the actual
sufferance or legal injury resulting from the offence under this Act or for breach
of contract under this Act.

21
Human Trafficking in Bangladesh: Analysis, Challenges & Recommendations, ed. Salma Ali (Dhaka: Bangladesh
National Woman Lawyers’ Association, 2013), pp-16.
22
In 2011.
23
The UN Convention Against Transnational Organized Crime (2000).