Tuesday, 13 June 2017 04:53

Importane of Human Prevention and Suppression of Human Trafficking Act 2012

Why the Human Prevention and Suppression of Human Trafficking Act 2012 is an essential provision in Bangladesh


Bangladesh is considered as one of the transit points for human trafficking. Every year thousands of people are trafficked

out from Bangladesh. To tackle this problem the Government of Bangladesh on 20th February 2012 introduced the Prevention and Suppression of Human Trafficking Act 2012. In accordance to this act if any person induces or assists any other person through deception and for bad intention to move, migrate or emigrate for work or service, either inside or outside of the territory of Bangladesh, although he knows that such other person would be put into exploitative labour conditions similar to practices of servitude or forced labour or into any other form of exploitation or oppression, such act of that person shall be regarded as an act of human trafficking. The Act also categorically defined various terms related to trafficking like forced labour, exploitation, consent etc. One of the crucial changes brought by this act that it has widened the scope of beneficiary by incorporating the term “Person” that means natural person including company, firm or association or group of persons whether incorporated or not. 

Human Trafficking in Bangladesh | FM Associates

Barrister Sabrina Zarin

 

FM Associates as a full service law firm assisted many clients in regards to human trafficking issues to support its pro bono activities. Also, we are assisting several NGOs in Bangladesh working together with them to reduce human trafficking and also provide legal assistance rehabilitate the victims. Barrister Sabrina Zarin, Partner of FM Associates and Advocate, Supreme Court of Bangladesh has assisted several victims to stop slavery, prostitution, sham marriages, stop kidnapping from apprehension, stop child marriage, etc.

Barrister Sabrina Zarin

Partner


Prevention and Suppression of Human Trafficking Act 2012

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. 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 Hundred Eighty) working days from the date on which the charge for an offence under this Act has framed. On 28th May 2015 Law Minister Anisul Huq in a press briefing said that the government will form seven special tribunals at seven divisional headquarters of the country to try and punish the offences of human trafficking, and curb such crimes. He also said that his ministry has already sent proposal for formation of the tribunals to the ministries concerned. Until such tribunals are established the Nari O Shishu Nirjaton Daman Tribunal shall be empowered to trial the offences under this Act. Any foreign written document, order or judgment of the court, report of investigation or declaration of government shall be admissible as evidence before the tribunal if it is duly attested by the concerned Country’s embassy in Bangladesh, in the absence an embassy by the authority assigned as such embassy.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 centre, social integration. The Act 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.

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 centre, social integration. The Act 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.

Last modified on Friday, 30 June 2017 10:27