Recent old ages ‘ trafficking of adult females and kids has become a major concern in our state and besides states like LDC. These types of improper act have been happening because of poorness, consciousness and besides non to utilize the states right jurisprudence decently under each state of affairs. Trafficking is a misdemeanor of human right. The study includes a treatment on the context of trafficking from the planetary, regional and Bangladesh positions. South Asia is one of the most vulnerable parts for trafficking because of its big population, large-scale rural-urban migration, the big population life in conditions of chronic poorness, and perennial natural catastrophes. Womans and kids are sold, traded, and exchanged for sexual bondage and harlotry, and bonded labour across boundary lines, 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 kid:
i. Whoever fetches from abroad or despatchs or smuggles abroad a kid for any illegal or immoral intent, or sells or purchases or keeps a kid in his ownership, detention or security for such intent, he shall be punished with decease or strict transit for life and besides with mulct.
two. If any individual steals a newborn babe from a infirmary, kid or female parent attention place, nursing place etc. or from the detention of the defender of the kid, he shall be punished under sub-section ( N- ) . ( 1 )
But the concerning capable with such jurisprudence felons still making such things across the and they made it as an earning beginning for their life. Women and kid are acquiring victimized by those felons.
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 populace: – Act No VIII of 2000
3. Concept and Internalization of Trafficing Problem:
The Bangla phrase of trafficking is Pachar, which means nari and shishu pachar illicitly across the boundary line. SAARC definition “ Trafficking in adult females consists of all Acts of the Apostless involved in the procurance, transit, forced motion, and/or merchandising and purchasing of adult females within and/or across boundary line by deceitful agencies, misrepresentation, coercion, direct and/or indirect menaces, maltreatment of authorization, for the intent of puting a adult female against her will without her consent in exploitatory and opprobrious state of affairss such as forced harlotry, forced matrimony, bonded and forced labour, beggary, organ trade, etc. ” ( 2 )
International organisations use assorted definitions for depicting trafficking. The definitions tend to concentrate on gender, age, ground for trafficking, and the issues of coercion and force that are frequently associated with trafficking. Although the dimension of sex work is an of import component, trafficking activities are non merely carried out for sex work or harlotry, but besides for other intents. Therefore, definitions tend to be general and encompass non merely the sex and age of trafficked individuals, but besides the different intents for which people are trafficked.
These things are making societal instability and insecurity all over the state. All the felons are making such fearful environment across the state. Parents are experiencing insecure to direct their kids to school particularly in rural country, where at that place jurisprudence and order state of affairs is non that much strong.
2. The states of the South Asian Association for Regional Cooperation ( SAARC ) adopted a definition in their Convention for Preventing and Battling Trafficking in Women and Children. Nevertheless, a audience workshop, organized by the Resistance Network in Bangladesh in August 1999, made suggestions for alterations in the convention. The undermentioned definitions were proposed in the workshop:
“ Trafficking in kids consists of all Acts of the Apostless involved in the procurance, transit, forced motion, and/or merchandising and purchasing of kids within and/or across boundary line by deceitful agencies, misrepresentation, coercion, direct and/or indirect menaces, maltreatment of authorization, for the intent of puting a kid against her/his will without his/her consent in exploitatory and opprobrious state of affairss such as commercial sexual maltreatment, forced matrimony, bonded and forced labor, beggary, camel jockeying and other athleticss, organ trade, etc. ”
4. Degree of the Problem:
Around 200-400 adult females and kids smuggled across the Bangladeshi boundary line every month to India and Pakistan. They specially smuggled across boundary line for harlotry and other labour work. Harmonizing to newspaper studies, 165,000 Bangladeshi adult females were engaged in harlotry in Pakistan in 1992. There is no dependable estimation of adult females and kids who have been trafficked from Bangladesh to other states.
5. Manners and causes of trafficking:
The factors have been classs into 2 manner: the first one known as push factor, there are the conditions in the environment of the ‘sending ‘ communities or states that guarantee a supply of people for trafficking. These factors include low employment chances, low societal position of adult females, economic and societal exposure of adult females and kids, urbanisation, migration, etc. The 2nd group refers to the set of ‘pull ‘ factors that support the demand for trafficking activities. These include pay employment and bonded labor, labour migration and harlotry, and cultural myths. All these factors have been explained in this study.
6. Trafficing paths:
Bangladesh is a state where the adjacent likes India, Nepal, and Burma. It ‘s really much easy because of unprotected boundary line between those states. The boundary line countries of
Khulna, Jessore, Satkhira, Rajshahi, Dinajpur, Rangpur, Mymensingh, Comilla, Brahmanbaria, and Sylhet are often used as land paths for trafficking. In the northern part, the territories of Kurigram, Lalmonirhat, Nilphamari, Panchagarh, Thakurgoan, Dinajpur, Naogoan, Chapai Nawabganj, and Rajshahi, and in the South, Jessore and Satkhira are the countries in which adult females and kids are most susceptible to trafficking.
7. Consequence of trafficking:
The effect of trafficking created deathly diseases like HIV. For case, domestic and industrial work may besides hold an increased hazard of HIV infection because of their exposure to cases of forced sex and possibly besides the possible induction into substance abuse, including contact with endovenous drug users. However, a hunt for printed paperss and a hunt on Internet for relevant mentions on this issue were unsuccessful.
Child labour has increased rather a figure because they are paid less than the market value. For these thing felons are encouraged to convey kid and implement them to work on board like India and Nepal.
8. Global Context
Trafficing in adult females is one of the fastest turning condemnable activities in the universe with an estimated one to two million immature adult females being trafficked yearly forthe intent of forced labor, domestic servitude, or sexual development. The inquiry of trafficking has figured conspicuously in the docket 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. Consequently, there is besides a turning involvement among the policy-makers and programme directors to place effectual options for forestalling such development of adult females and kids and in planing appropriate intercessions for them. ( 3 ) under these circumstance trafficking of adult females and kid is acquiring a refering issue in today ‘s universe. Security has become a cardinal issue for the trafficking victim people, where they want to do certain that jurisprudence of single states can supply it with strong manus.
3. The International
Organization for Migration ( IOM ) estimates that, in 1995, approximately 500,000 adult females were trafficked to the states of the European Union from poorer parts of the universe ( 13 ) . So, it is non a job of developing states entirely.
9. Cultural and political contexts
Bangladeshi civilization is male dominated civilization where male can enforce their determination on female. Such a civilization can be exploited wrongly by different people. As a consequence adult females and kids sometimes forces form their household and set them into those felons. Both adult females and work forces have the same rights and are entitled to be intervention under the jurisprudence. Nevertheless, cultural norms frequently act as barriers to the execution of classless statute law. ( 4 )
10. Organizations Involved in Preventing Trafficking
Both authorities and NGOs have been working in battling trafficking in Bangladesh. Bangladesh has ratified many international Torahs and conventions. For illustration, 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 besides played an effectual function at the Fourth World Conference on Women in Beijing in 1995 and endorsed the Plan of Action. In add-on, in recent old ages, the authorities has promulgated a figure of Torahs, and has approved assorted policies and ordinances to guarantee equal rights of adult females in all domains of life and besides to extinguish force against adult females. Harmonizing to Article 34.1 of the Constitution of Bangladesh, “ All signifiers of forced labor are prohibited and any dispute of this proviso shall be an discourtesy punishable in conformity with jurisprudence. ” Other available legislative acts with direct deduction to trafficking in adult females and kids 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 ) Regulation, 1983, ( 6 ) The Women and Children Repression ( Special Provision ) Act, 1995 ( Resistance Against Trafficking in Women and Children in South Asia, 1997 ) , and ( 7 ) Womans and Children Repression Prevention Act, 2000. However, it is besides widely acknowledged that no sufficient stairss have been taken to implement these Torahs efficaciously to protect adult females and kids from trafficking. Therefore, it is of import for the policy-makers to separate between extinguishing force against adult females and besides battling trafficking adult females and kids. Presently, the authorities has undertaken a undertaking, “ Child Development: Coordinated Programme to Combat Child Trafficking, ” The programme will get down as a pilot undertaking in 12-15 bad countries for trafficking. The undertaking will set up a system of multisectoral undertaking forces at the national, territory and upazila degrees to carry on motivational programmes and back up the attempts of organisations working in the country of bar, deliverance, repatriation, and rehabilitation of trafficking victims.
11. National Laws
The issue of trafficking of adult females and particularly of kids has been incorporated in assorted Acts of the Apostless and Torahs that have been enacted from clip to clip. The Penal Code of 1860, modified in 1991, contains commissariats of snatch, abduction, bondage, and forced labor. The Penal Code specifies two sorts of nobbling from Bangladesh and nobbling from lawful guardian ( Section 359 of the Penal Code ) .The jurisprudence relating to nobbling from Bangladesh is contained in Section 360 of the Code, which lays down that:
“ Whoever conveys any individual beyond the bounds of Bangladesh without the consent of that individual or of some individuals lawfully authorized consent on behalf of that individual is said to nobble that individual from Bangladesh ” . Beginning: Prof. Ishrat Shamim President Centre for Women and Children Surveies
Section 12. Punishment for Trafficing in Children
Whoever exports, imports, sells or obtains ownership of any kid with purpose to export, import or sell that kid or that kid is found in ownership of any individual for such intents shall be punished with decease sentence, or life imprisonment. The above-named jurisprudence has been repealed and a new jurisprudence titled Women and Child Repression Prevention Act, 2000, was enacted with the commissariats of more rigorous penalty. Women and Child Repression Prevention Act, 2000.
Section 5. Punishment for Trafficing in Women
oˆ‚Z Whoever brings from abroad or sends or traffics abroad, or buys or sells, or Lashkar-e-Taibas to engage or otherwise disposes of any adult females with the purpose of utilizing that adult females in harlotry or utilizing for elicit intercourse or for any improper or immortal intent, or for such a purpose keeps a adult female in his ownership, attention or detention shall be punished with decease sentence or life imprisonment maximal 20 old ages but minimal 10 old ages and in add-on be apt to a pecuniary mulct.
oˆ‚Z If any adult females is sold, hired or disposed of in any of her manner to a cocotte or to any individual who keeps or manages a whorehouse so the individual who has disposed of her in that manner, unless proven otherwise will be thought to hold sold or disposed of the adult females for harlotry shall be punished harmonizing to the above Sub-Section ( 1 ) .
oˆ‚Z Whoever keeps or manages a whorehouse buys or hires or gets in their ownership by any other manner or supports in their detention any adult females, so unless proved otherwise, will be thought to hold brought, hired or maintain in their ownership for usage in harlotry shall be punishable in conformity with the above Sub-Section ( 1 ) .
Section 6. Trafficking in Children
oˆ‚Z Whoever brings from abroad, sends or traffics abroad or buys or sells or otherwise keeps a kid in his/her ownership, attention or detention with the purpose of utilizing the kid for any improper or immoral purpose shall be punishable with decease sentence or life imprisonment and shall besides be apt for mulct.
oˆ‚Z Whoever steals a newborn babe from infirmary, kid or pregnancy infirmary, nursing place, clinic etc. , or from the detention of concerned guardian shall be punishable in conformity with Sub- Section ( 1 ) .
National Laws, Policies, and International Instruments Associating to Trafficking of Women and Children Source: Prof. Ishrat Shamim President Centre for Women and Children Surveies
Harmonizing to our National Law, we can easy protect these types of improper offenses. Another measure is to do the people aware of the fact and how it will consequence us for a long period of clip. These jobs can be solved by negociating with our neighbouring states like India and Pakistan. The CWCS is involved in protagonism and awareness-raising to battle trafficking of adult females and kids at the local, national, regional and international degrees. In recent old ages, runs and protagonism programmes with local authorities bureaus, NGOs, community leaders, constabulary, journalists, instructors, physicians, attorneies, parents, defenders, striplings, and kids and peculiarly with community people at the grassroots degree were undertaken.