Bangladesh

Article 14. Emancipation of peasants and workers.

It shall be a fundamental responsibility of the State to emancipate the toiling masses the peasants and workers and backward sections of the people from all forms and exploitation.

Art 34 Prohibition of Forced Labour

(1) All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

(2) Nothing in this article shall; apply to compulsory labour-

1. By persons undergoing lawful punishment for a criminal offence; or

b. Required by law for any public purposes.

The Constitution of the People's Republic of Bangladesh 1971 (PDF)

364A.

Whoever kidnaps or abducts any person under the age of ten, in order that such person may be murdered or subjected to grievous hurt, or slavery, or to the lust of any person or may be so disposed of as to be put in danger of being murdered or subjected to grievous hurt, or slavery, or to the lust of any person shall be punished with death or with 126[ imprisonment] for life or with rigorous imprisonment for a term which may extend to fourteen years and shall not be less than seven years.]

366.

Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.

366A.

Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.

366B.

Whoever imports into Bangladesh from any country outside Bangladesh any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.

367.

Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

368.

Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that for which he conceals or detains such person in confinement.

370.

Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

371.

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.

372.

Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution of illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

373.

Whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

374.

(1) Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.   

(2) Whoever compels a prisoner of war or a protected person to serve in the armed forces of Bangladesh shall be punished with imprisonment of either description for a term which may extend to one year.

Explanation. In this section the expressions "prisoner of war" and "protected person" shall have the same meaning as have been assigned to them respectively by Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, and Article 4 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949,

Penal Code 1860 (PDF)

3. Human Trafficking

(1) "human trafficking" means the selling or buying, recruiting or receiving, deporting or transferring, sending or confining or harbouring either inside or outside of the territory of Bangladesh of any person for the purpose of sexual exploitation or oppression, labour 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.

(2) If the victim of trafficking is a child, it shall be immaterial whether any of the means of committing the offence mentioned in clause (a) to (c) of subsection (1) is used or not. 


Explanation.-For the purposes of this section, 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. though he knows that such other person would be put into exploitative labour conditions similar to practices of servitude or forced labour or into any of her form of exploitation or oppression as mentioned in sub-section (15) of section 2, such act of the person shall be included as an act within the meaning of "human trafficking" as defined in sub-section (1).

Human trafficking and ancillary offences and penalties

6. Prohibition of human trafficking and penalty.— 


(1) If any person commits any act mentioned in section 3, such act shall be deemed to be the offence of human trafficking.

(2) The person committing the offence of human trafficking shall be punished with an imprisonment not exceeding imprisonment for life but not less than 5 (five) years of rigorous imprisonment and with fine not less than taka 50 (fifty) thousand.

9. Penalty for forced or bonded labour or service –

If any person unlawfully forces any other person to work against his will or compels to provide labour or service or holds in debt-bondage or to exact from the person any work or service by using force or other means of pressure of by threat to do such, he shall be deemed to have committed an offence be punished with rigorous imprisonment for a term not exceeding 12 (twelve) years but not less than 5 (five) years and with a fine not less than taka 50 (fifty) thousand.

8. Penalty for trafficking etc. in women.-

(1) Whoever imports, exports, buys or sells or lets to hire or otherwise disposes of any woman with intent that such woman shall be employed for the purpose of prostitution or illicit intercourse or unlawful and immoral activities, shall be punishable with lifelong imprisonment, and shall also be liable to fine.

Explanation 1.- When a woman is sold, let for hire, or otherwise disposed of to a prostitute or any person keeping or managing a brothel, the person so disposing of such woman shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.

Explanation 2.- Any prostitute or person keeping or managing a brothel, who buys, hires or otherwise obtains possession of any woman shall, until the contrary is proved, be presumed to have bought or hired or brought into his possession or custody such woman with intent that she shall be used as a prostitute. 8. Penalty for trafficking etc. in women.-

(2) Whoever keeps in his possession, custody or under his guardianship any woman in order to import or export her, hire her out or otherwise dispose of her with intent that she shall be employed for the purpose of prostitution or illegal intercourse or unlawful and immoral activities shall be punishable with a term of rigorous imprisonment which may extend to 14 years, and shall also be liable to fine.

9. Penalty for abducting any woman for using her in unlawful or immoral etc. activities.-

Whoever abducts any woman with intent that-

(a) she shall be employed or used for the purpose of prostitution or any other unlawful or immoral activity,

(b) she shall be forced to marry against her intentions,

(c) she shall be forced or seduced or allured to sexual intercourse,

shall be punishable with lifelong imprisonment or a term of rigorous imprisonment which may extend to 10 years and shall not be less than 7 years, and shall also be liable to fine.

12. Penalty for trafficking in children.

If any person unlawfully imports, exports or sells children, or brings into his possession any child for the purpose of importing, exporting or selling such child, or if a child (destined) for such purpose is found with any person, such person shall be punishable with death or lifelong imprisonment.

An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law.

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(2) The following acts or any of them are crimes within the jurisdiction of a Tribunal for which there shall be individual responsibility, namely:-

(a)      Crimes against Humanity: namely, murder, extermination, enslavement, deportation, imprisonment, abduction, confinement, torture, rape or other inhumane acts committed against any civilian population or persecutions on political, racial, ethnic or religious grounds, whether or not in violation of the domestic law of the country where perpetrated;

Note: Enacted for the sole purpose of dealing with violence against women and children, including for commercial sexual exploitation. It criminalizes trafficking for prostitution or other unlawful or 30 immoral purposes. It thus has a wide meaning, though what these immoral purposes could be is not defined. The punishment provided is severe - trafficking is punishable by death or by life imprisonment between ten to twenty years

The Labor Code establishes 14 as the minimum age for work and 18 as the minimum age for hazardous work, although it permits children ages 12 and 13 to perform light work with certain restrictions. The Code also limits the hours children ages 14 to 18 can work. However, the Labor Code excludes many sectors of the economy in which children work, including small farms and domestic service.