& çâÌæÚUæð´ ·¤è ¥ôÚU Îð¹Ùæ ÁæÚUè ÚU¹ð´ ¥ÍæüÌ ¥ÂÙð ÜÿØ ÂÚU ŠØæÙ ÚU¹ð´Ð ãæÚU Ù ×æÙð´, €UØô´ç·¤ ·¤æ× ·¤ÚUÙð âð ¥æÂ·¤ô ©gðàØ ·¤è Âýæç# ãôÌè ãñ ¥õÚU ÁèßÙ ·¤æ ¹æÜèÂÙ ÎêÚU ãôÌæ ãñÐ ÖÜð ãè ÁèßÙ ×ð´ ç·¤ÌÙè Öè ·¤çÆÙæ§ü €UØô´ Ù ¥æ°, çÁ™ææâæ ¥õÚU ©ˆâæã ÕÙæ° ÚU¹ð´Ð ŠØæÙ ÚU¹ð´, ÜÿØ ã×ðàææ ¥æÂ·Ô¤ Âæâ ãôÌð ãñ´ çÁ‹ãð´ ÂæÙð ·Ô¤ çÜ° ÂýØæâ ¥æÂ ·¤Öè Öè àæéM¤ ·¤ÚU â·¤Ìð ãñ´Ð

LAW opinion

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 crossborder 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.