Bangladesh - Facts on Trafficking and Prostitution

Factbook on Global Sexual Exploitation

Bangladesh

Trafficking

Police estimate more than 15,000 women and children are smuggled out of Bangladesh every year. ("Boys, rescued in India while being smuggled to become jockeys in camel races," www.elsiglo.com, 19 February 1998)

As of February 1998, there were 200 Bangladeshi children and women awaiting repatriation in different Indian shelters. ("Boys, rescued in India while being smuggled to become jockeys in camel races," www.elsiglo.com, 19 February 1998)

Bangladesh and Nepal are the main sources of trafficked children in south Asia. (Masako Iijima, "S. Asia urged to unite against child prostitution," Reuters, 19 June 1998)

27,000 Bangladeshi women and children have been forced into prostitution in Indian brothels. (Centre for Women and Children Studies reports, "Women Forced into Indian Brothels," June 1998)

More than 200,000 Bangladeshi women were trafficked from 1990 to 1997, with 6,000 children trafficked, abducted or reported missing during that time. (Center for Women and Children’s Study report, Zahiduzzaman Faruque, "Women, children trafficking in Bangladesh," Kyodo, 5 May 1998)

Over the last decade, 200,000 Bangladeshi girls were lured under false circumstances and sold into the sex industry in nations including Pakistan, India and the Middle East. (Tabibul Islam, "Rape of Minors Worry Parents," Inter Press Service, 8 April 1998)

A non-government source reports that about 200,000 women and children have been trafficked to the Middle East in the last 20 years. Different human rights activists and agencies estimate 200-400 young women and children are smuggled out every month, most of them from Bangladesh to Pakistan. A women lawyers' association estimates that on an average, 4500 women and children from Bangladesh are being trafficked to Pakistan each year and at least 200,000 women have been trafficked to Pakistan over the last 10 years. The Indian Social Welfare Board estimates that there are 500,000 foreign prostitutes in India - 1 percent are from Bangladesh and 2.7% of prostitutes in Calcutta are from Bangladesh. (Bangladesh CEDAW Report, 1 April 1997)

More than 15,000 women and children are trafficked out of Bangladesh every year. (Police estimates, http://www.webpage.com/hindu/daily/980220/03/03200004.htm 19 February 1998)

Every day, over 50 women and children are trafficked out of Bangladesh through the land border areas. (Trafficking in Women and Children: The Cases of Bangladesh, UBINIG, p.8, 1995)

500 Bangladeshi women are illegally transported into Pakistan every day. (Press Statement, Bangladesh National Women Lawyers Association, "Open sale of little girls at Tanbaza brothel," Daily Star, 2 July 1998)

About 200 Bangladeshi women and children are smuggled out of the country each day, most end up as prostitutes. Many of the women and children are extremely poor, and lured with false promises. ("Human Smuggling from Banglsdesh at alarming level," Reuters, 26 may 1997)

In Bangladesh, the collection points for trafficked women are usually far from the border points. Women rescued in Dinajpur (in the North) were from Cox’s Bazar (in the South). Girls from the southern part of Bangladesh are usually trafficked across the northern borders. (Trafficking in Women and Children: The Cases of Bangladesh, p.19, UBINIG, 1995)

During the past ten years an organized gang sold more than 10,000 women from Chapainababong to traffickers. A young girl was sold by her mother to a trafficker for 10,000 takas. Families are targeted who have daughters eligible for marriage and are very poor. There is a demand for Bangladeshi girls. (Daily Sangbad report, 16 August 1993, Trafficking in Women and Children: The Cases of Bangladesh, pp.34, 35 & 36, Daily Sangbad, 16 August 1993, UBINIG, 1995)

In Kushtia area, some villages are used as stations for the traffickers. Rajshahi borders of Bidirpur and Premtali are used because there are fewer check points. Jessore border is very popular with traffickers. Some hotels and godwons are used to keep the girls brought from different parts of the country. At least 13 women are being trafficked every day. In eight months police could rescue only 28 women who were being trafficked, and arrest 38 traffickers. Usually the traffickers are not accompanying the women while crossing the border. Therefore, it is difficult for the border police to arrest them. There are female members in the trafficking gang, which helps to hide their identity." (Ittefak, 15 October 1990, police sources, Trafficking in Women and Children: The Cases of Bangladesh, pp.19 & 20, UBINIG, 1995)

30,000 Bangladeshi women are in brothels in Calcutta, India. ("Human Smuggling from Banglsdesh at alarming level," Reuters, 26 may 1997)

In 1994, 2,000 Bangladeshi women were prostituted in 6 cities in India. (CATW - Asia Pacific, Trafficking in Women and Prostitution in the Asia Pacific)

There are 200 trafficked Bangladeshi women and children in detention centers in India awaiting repatriation. (http://www.webpage.com/hindu/daily/980220/03/03200004.htm, 19 February 1998)

Between January 1990 and September 1997, there were 2,545 cases of trafficked children reported in the media in Bangladesh - 1,262 boys and 1,283 girls. During the same time period, 2,212 trafficked children were rescued. (President of the Centre for Women and Children Studies, Ishrat Shamin, "Trafficking in Women and Children: A Human Rights Crisis)

Between January 1990 and September 1997, there were 845 cases of kidnapped children reported in the media in Bangladesh. 512 or 84% were rescued. (President of the Centre for Women and Children Studies, Ishrat Shamin, "Trafficking in Women and Children: A Human Rights Crisis)

74 people, including 14 children, were rescued from Satkhira, en route to the border to India. The traffickers had taken 2000 to 5000 takas from each person. (Dainik Bangla report, 8 October1993, Trafficking in Women and Children: The Cases of Bangladesh, p.33, Dainik Bangla, 8 October 1993, UBINIG, 1995)

The price for girls is between Tk. 10,000 to Tk. 30,000 for beautiful and healthy girls. Children are bought for Tk. 7,000 to Tk. 8,000. (Trafficking in Women and Children: The Cases of Bangladesh, pp. 20 &21, UBINIG, 1995)

2.7% of prostitutes in India are Bangladeshi, the largest population of foreigners. The majority of these females are under 18. (Social Welfare Board of India, Fawzia Karim Firoze & Salma Ali of the Bangladesh National Women Layer Association," Bangladesh Country Paper: Law and Legislation")

Between January 1990 and September 1997, there were 2,662 cases of missing children reported in the media in Bangladesh. Only 228 missing children, or 9 percent, were rescued. (President of the Centre for Women and Children Studies, Ishrat Shamin, "Trafficking in Women and Children: A Human Rights Crisis)

Children from middle class families risk kidnapping from schools and being trafficking to Middle Eastern countries. (Trafficking in Women and Children: The Cases of Bangladesh, p.9, UBINIG, 1995)

There are two basic methods that traffickers obtain women and children: One is to kidnap them. The second, is to lure the women with false promises of jobs and marriage options. Traffickers pose as prospective grooms, then take the girls out of the border as their wives. (Trafficking in Women and Children: The Cases of Bangladesh, pp.16 &17, UBINIG, 1995)

Girls are sold to traffickers by their parents who consider them to be a burden after a certain age. (Trafficking in Women and Children: The Cases of Bangladesh, p.17, UBINIG, 1995)

Women, who believe that traffickers will assist them to find legitimate jobs, pay traffickers from Tk. 2000 to Tk. 6000. (Trafficking in Women and Children: The Cases of Bangladesh, p.18, UBINIG, 1995)

Women and children from India are sent to nations of the Middle East daily. Girl children in prostitution and domestic service in India, Pakistan and the Middle East are tortured, held in virtual imprisonment, sexually abused, and raped. (Indrani Sinha, SANLAAP India, "Paper on Globalization and Human Rights")

Sanlaap shelter Sneha has 25 to 30 rescued prostituted children. 60% of the children rescued from prostitution are HIV positive. (Indrani Sinha, SANLAAP India, "Paper on Globalization and Human Rights")

10,000 Bangladeshi children are in brothels in Bombay and Goa India. (Trafficking Watch Bangladesh, "Human Smuggling from Banglsdesh at alarming level," Reuters, 26 may 1997)

Methods and Techniques of Trafficking

Traffickers use 20 main points in 16 western districts of Bangladesh near the Indian border. The main trafficking route is Dhaka-Mumbai-Karachi-Dubai. Many of the victims end up in Middle East nations. (Zahiduzzaman Faruque "Women, children trafficking in Bangladesh" Kyodo, 5 May 1998)

In India, Bangladesh, Sri Lanka and Nepal, child marriage is accepted, and considered the best method to procure girls for prostitution. (Indrani Sinha, SANLAAP India, "Paper on Globalization and Human Rights")

Forms of trafficking include fake marriages, sale by parents to "uncles" offering jobs, auctions to brothel owners or farmers, abduction. Traffickers and procurers pose as prospective husbands to impoverished families. They take the girls away and sell them into prostitution. A large number of "brides" have been collected in this manner and brought as a group to Pakistan where they are handed over to local traffickers. (CATW - Asia Pacific "Trafficking in Women and Prostitution in the Asia Pacific" (24)

Bangladeshi women have been auctioned off to farmers looking for a combination wife and farmhand in Pakistan, India and Japan (CATW - Asia Pacific, Trafficking in Women and Prostitution in the Asia Pacific)

Bangladeshi women who are trafficked and prostituted in debt bondage in India's sex industry are forced to work longer hours and serve more men than local women. (CATW - Asia Pacific, Trafficking in Women and Prostitution in the Asia Pacific)

Cases

In May 1998, 217 Bangladeshi women and children who had been trafficked into India were repatriated. (Zahiduzzaman Faruque,"Women, children trafficking in Bangladesh," Kyodo, 5 May 1998)

In 1992, 74 Bangladeshi women and children on their way to be sold in Pakistan were found bound and gagged in the cargo hold of a boat. (CATW - Asia Pacific, Trafficking in Women and Prostitution in the Asia Pacific)

One trafficker was arrested and 46 people (12 male, 9 female and 25 children) from Jessore were rescued by police as they were being trafficked by bus across the border into India. All were held in police custody. (Ittefak report, 16 June 1993, Trafficking in Women and Children: The Cases of Bangladesh, pp.31 & 32, Ittefak, 16 June 1993, UBINIG, 1995)

49 men, women and children from Cox’s Bazar were rescued and 2 traffickers were arrested by Savar Police. The people were sent to safe custody and the traffickers were placed under police remand for three days. Each person had paid the traffickers 3-4 thousand taka to assist them across the border via Godagari, Rajshahi, Benalope and Jessore. Middle aged men and women would be taken to hospitals in Bombay and Madras, and their blood, kidneys, eyes, skin and hair would be sold to hospitals. The young girls would be sold to the brothels in Pakistan and India. Young men would be sold as bonded laborers. The traffickers prefer young girls and children. For each young girl (the traffickers) are paid 10-12 thousand taka and for each child they are paid 7-8 thousand taka. (Ittefak report, 28 October 1993, Trafficking in Women and Children: The Cases of Bangladesh, pp.32 & 33, Ittefak, 28 October 1993, UBINIG, 1995)

Policy and Law

The Bangladesh constitution provides that the "State Shall endeavor to prevent gambling and prostitution. "Reading the various provisions of different laws, the prostitute is considered a victim, however, despite rigid provisions, the Penal Code provides in the following sections protection to women who are victims of the sexual offences of illicit intercourse, such as:

Section 364A - Whoever, kidnaps or abducts any person under the age of ten, in order that such a person may be or subjected to slavery or to the lust of any person shall be punished with death or with imprisonment for life or for rigorous imprisonment for a term which may extend to 14 years and may not be less than 7 years.

Section 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 the intent that such a girl may be or knowing that it is likely that she will be, forded or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to 10 years and shall also be liable to fine.

Section 373 - Whoever buys, hires or otherwise obtains possession of any person under the ate of eighteen years with the intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or knowing it likely that such person will at any age be employed or used for such purpose with imprisonment of either description for a term which may extend 10 years and fine. Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of 18 years, shall until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.

("The Laws Are Contradictory," Sigma Huda, founder of the Bangladesh National Women’s Lawters Association, Convenor, CATW, 1997)

The Bangladeshi cabinet has approved the death penalty for crimes against women including trafficking, rape and murder. They raised the penalty from 10 years in prison following an increase in trafficking in which the victims included girls as young as six. ("Bangladesh proposes death for crime against women," Reuters, 31 March 1998)

Convicted traffickers can receive the death penalty. Only one person has received this sentence. (CATW - Asia Pacific, Trafficking in Women and Prostitution in the Asia Pacific)

The Penal Code of 1860 contains provisions for kidnapping, which in general covers trafficking also. Inspite of there being provisions in the Penal Code, these were not being effective in stopping trafficking because of various implementation problems. In 1983 a new Ordinance, the Cruelty to Women (Deterrent Punishment) Ordinance was promulgated. It replaced the relevant sections of the Penal Code. This law increased the punishment to life imprisonment and death penalty for kidnapping or abducting women, trafficking of women and children, attempt to cause death, acid throwing, rape etc. (Bangladesh CEDAW Report, 1 April 1997)

The Cruelty to Women Ordinance, passed in 1983, calls for sentences of 14 years to life imprisonment for kidnapping or abduction of women, but this is rarely carried out, as there are many loopholes. (Trafficking in Women and Children: The Cases of Bangladesh, p.21, UBINIG, 1995)

In 1995 another law, the Woman and Child Repression (Special Provisions) Act 1995 was enacted. It provides for capital punishment to offenders. It debars the granting of bail to persons accused of heinous offenses against women and children. The penalty imposed in section 8 of this act for trafficking and associated offenses is life imprisonment and fine. Section 9 stipulates a penalty of 10 years with a minimum of 7 years imprisonment for abduction to commit immoral act on women and children. This Act provides for the setting up of separate courts to try cases coming under it, one in each district. So far ten such courts have been established. It is proposed to review their performance and effectiveness before setting up the courts in other districts. (Bangladesh CEDAW Report, 1 April 1997)

Official Response and Action

The process of repatriation for victims of traffic, who are often held in jail where they are continuously abused and re-victimized, is lengthy due to a general lack of action and interest of Bangladeshi embassies, and the bureaucracy between the Ministries of Women and Child Affairs, Home Affairs, Foreign Affairs, and Social Welfare. (Fawzia Karim Firoze & Salma Ali of the Bangladesh National Women Layer Association," Bangladesh Country Paper: Law and Legislation")

Hundreds, and maybe thousands, of Bangladeshi women and children are held in foreign prisons, jails, shelters and detention centers awaiting repatriation. Many have been held for years. In India, 26 women, 27 girls, 71 boys and 13 children of unknown gender are held in Lilua Shelter, Calcutta; Sheha Shelter, Calcutta; Anando Ashram, Calcutta; Alipur Children's Home, Delhi; Nirmal Chaya Children's Home, Delhi; Prayas Observation House for Boys; Delhi; Tihar Jail, Delhi; Udavam Kalanger, Bangalore; Umar Khadi, Bangaore; Kishalay, West Bengal; Kuehbihar, West Bengal and Baharampur, West Bengal. (Fawzia Karim Firoze & Salma Ali of the Bangladesh National Women Layer Association," Bangladesh Country Paper: Law and Legislation")

Barisal Police arrested two traffickers and rescued 100 men, women and children who were to be sent to India illegally. The victims were kept in Sagorika Hotel after being lured by the promise of jobs in India. They came from Sandip, Hatia, and different islands of Noakhali, and were transported by ship from Chittagong. The traffickers received 600-1000 Taka from each person as transportation cost. (Ittefak and Jonokontho reports 15 December 1993, Trafficking in Women and Children: The Cases of Bangladesh, p.24, Ittefak and Jonokontho, 15 December 1993, UBINIG, 1995)

In 1992, Bombay, India, police intercepted the traffic of 25 children, 5 to 8 years old. The children and trafficker were held in the same jail. Three years later, 12 of the children were returned to their homes. (Fawzia Karim Firoze & Salma Ali of the Bangladesh National Women Layer Association," Bangladesh Country Paper: Law and Legislation")

The Government is aware of the problem of trafficking and has taken up measures to prevent it. One such measure is the strengthening of border posts. However, the sheer length of Bangladesh's border with India and Burma makes it impossible to prevent people crossing the borders. Another measure is the strengthening of legislation and increasing punishments for trafficking. (Bangladesh CEDAW Report, 1 April 1997)

In July 1993 a case was filed against a woman, who trafficked three young girls to India in previous months. Bhorer Kagoj, 29 October 1993, Trafficking in Women and Children: The Cases of Bangladesh, p.28, Bhorer Kagoj, 29 October 1993, UBINIG, 1995)

Action of NGOs

At a recently held workshop on child trafficking organized by the Bangladesh Shishu Adhikar Forum in December, 1996 a South-East Asian and a National Action Plan were prepared for NGOs active in the area of trafficking. It was decided to undertake networking and training on databases/information and experience sharing by a Core Group with representatives from Nepal, Pakistan, India and Bangladesh. The first meeting of the regional Core Group will take place in March 1997 and training is to be arranged between August and December 1997. The Bangladesh National Plan focuses on legal protection through implementation of existing laws; awareness raising on trafficking; awareness raising and training on laws related to trafficking. It is proposed that law-enforcing agencies in collaboration with NGOs mobilize the community through local government bodies, educational institutions, religious institutions and at the national level through the media. (Bangladesh CEDAW Report, 1 April 1997)

In Bangladesh, there is only one shelter with the means to help victims of trafficking. The women and children have awaited repatriation there for as long as 4 1/2 years. (Fawzia Karim Firoze & Salma Ali of the Bangladesh National Women Layer Association," Bangladesh Country Paper: Law and Legislation")

Official Corruption and Collaboration

Although laws against trafficking exist, their implementation remains weak. Although the new laws have increased penalties their application has certain technical problems which are in the process of being identified. There is scope for misapplication and harassment of innocent persons. The law enforcing authorities and the judiciary need to be better sensitized about the issues involved. There is a need for stronger action against members of law enforcing authorities who are themselves involved in trafficking. Regional cooperation is essential to coordinate legal and administrative measures and procedures. Information needs to be shared and extradition of offenders allowed. Victims are sometimes charged with prostitution or immoral behaviour and put in jail. The repatriation of Bangladeshi women trafficked abroad needs to be facilitated. (Bangladesh CEDAW Report, 1 April 1997)

More than 9,000 girls are trafficked each year from Nepal and Bangladesh into bondage in India and Pakistan, often with the acquiescence or cooperation of state officials. (http://www.amnesty.org.uk/news/press/releases/22_april_1998-0.shtml, 22 April 1998)

In Bangladesh, government and health officials deny services to prostituted women and their children on the sole basis that the woman is in prostitution. ("Govts urged to be more active against trafficking of women, children," Dhaka Daily Star, 30 June 1998)

Trafficking is carried out by regional gangs who are well organized and who have links with the various law enforcing agencies, which is why only a very small percentage of the traffickers are caught or the victims recovered. (Bangladesh CEDAW Report, 1 April 1997)

Prostitution

In Bangladesh, there are 60,000 -100,000 people in prostitution. (Government, CARE Bangladesh, (Wijaya Kannangara, Executive International Division Sarvodaya Movement of Sri Lanka, "Paper on Cultural Violation")

Approximately 1 million men buy prostituted women and children in Bangladesh. (Wijaya Kannangara, Executive International Division Sarvodaya Movement of Sri Lanka, "Paper on Cultural Violation")

65 percent of 135 surveyed women and girls in brothels in Bangladesh were between age 11 and 13; 33 percent were between age 13 and 15. (BNWLA survey, police estimates, Fawzia Karim Firoze & Salma Ali of the Bangladesh National Women Layer Association," Bangladesh Country Paper: Law and Legislation")

There are 15,000 to 20,000 children in street prostitution in Dhaka, most of whom are in prostitution before reaching 12 years of age. (BNWLA survey, police estimates, Fawzia Karim Firoze & Salma Ali of the Bangladesh National Women Layer Association," Bangladesh Country Paper: Law and Legislation")

Bangladeshi women, who have been in prostitution, fear and risk being killed by their own families through honor-killings. (CATW - Asia Pacific, Trafficking in Women and Prostitution in the Asia Pacific)

The Tanbazar brothel in Narayanganj is a market for the sale of minor girls. At least 50 minors were kept hidden in the brothel, and when discovered, police did not attempt to help the girls imprisoned there or arrest the owners. (Bangladesh National Women Lawyers Association, "Open sale of little girls at Tanbaza brothel," Daily Star, 2 July 1998)

Policy and Law

Prostitution is legal in Bangladesh. (Wijaya Kannangara, Executive Intenational Division Sarvodaya Movement of Sri Lanka, "Paper on Cultural Violation")

The promotion of Export Processing Zones, which follow special laws on all forms of violence, encourages industries of child prostitution and other forms of sexual exploitation. (Fawzia Karim Firoze and Salma Ali of the Bangladesh National Women Layer Association," Bangladesh Country Paper: Law and Legislation")

In Bangladesh, the justice system entitles a sexual offender to a privileged position, which is a major contributor into forcing women into silence. (Sigma Huda, "Laws and Legislation Relating to Sexual Exploitation")

Government and health officials deny services to prostituted women and their children on the sole basis that the woman is in prostitution. ("Govts urged to be more active against trafficking of women, children," Dhaka Daily Star, 30 June 1998)

The Suppression of Immoral Trafficking Act, 1993 provides for punishment for forcing a girl into prostitution. Abetment by having custody or charge of the girls is also a crime. Section 11 of the Act prohibits the detention of any female child under the age of 18 against her will in any house, room or places in which prostitution is carried out. The section provides a penalty of maximum three years of imprisonment or fine or both. (Bangladesh CEDAW Report, 1 April 1997)

There are no statistics on the numbers of prostitutes. The Bangladesh Bureau of Statistics enumerates them as "destitutes" and does not recognize prostitution as an occupation. The Constitution states that "the State shall adopt effective measures to prevent prostitution and gambling" [Part II, Fundamental Principles of State Policy, Section 18 (2)]. There are laws against forcing anyone into prostitution or into "immoral acts" (Penal Code 72, 73, 74). Soliciting is also against the law (Criminal Procedure Code). However there are no laws against a person of 18 or above engaging in sexual activity in exchange for money. It is sufficient for a prostitute to have an affidavit delivered by a magistrate stating that she is above 18 for her not to be arrested by the Police. That does not preclude harassment and being asked for bribes. (Bangladesh CEDAW Report, 1 April 1997)

Prostitution is technically neither legal nor illegal but exists in a gap in the law, as in many countries. Therefore prostitutes do not have any legal protection, nor can the State take any legal measures against them. As citizens they can demand the same fundamental rights from the State, such as the right to protection and security, the right to shelter and to basic amenities. (Bangladesh CEDAW Report, 1 April 1997)

While laws relating to violence against women, including rape, apply equally to prostitutes, in practice they are discriminated against as they will be classified as 'habituated' to sexual intercourse and proof will be considered to be harder to give/accept. Prostitutes are often subjected to harassment and violence from the Police who are theoretically supposed to protect their rights. (Bangladesh CEDAW Report, 1 April 1997)

Organized and Institutionalized Sexual Exploitation and Violence:

A large percentage of the 120,000 women in the garment industry suffer sexual exploitation. There is no legislation protecting workers in the informal sector laws (Fawzia Karim Firoze & Salma Ali of the Bangladesh National Women Layer Association," Bangladesh Country Paper: Law and Legislation")

During the 1971 war in Bangladesh, 200,000 women and girls were sexually abused and raped by soldiers. (Sigma Huda, "Laws and Legislation Relating to Sexual Exploitation")

Self appointed village bodies have issued fatwas against women for "incorrect behavior." In several cases women have been violently punished and murdered. (Fawzia Karim Firoze and Salma Ali of the Bangladesh National Women Layer Association," Bangladesh Country Paper: Law and Legislation")

Muslim and Bangladeshi state laws prohibit the marriage of girl children. This prohibition is ignored and the practice defended by state and religious leaders, especially in rural areas where girls as young as 10 are illegally married. (Fawzia Karim Firoze and Salma Ali of the Bangladesh National Women Layer Association," Bangladesh Country Paper: Law and Legislation")

Women held in "safe custody" and other forms of confinement are often abused, raped and murdered by law enforcement officials. (Fawzia Karim Firoze and Salma Ali of the Bangladesh National Women Layer Association," Bangladesh Country Paper: Law and Legislation")

In 1997, 21 Bangladeshi women reported being raped by police officers, 7 of whom were in custody. ('Ain-o-Salish Kendra NGO records, Tabibul Islam, "Rape of Minors Worry Parents," Inter Press Service, 8 April 1998)

Policy and Law

Rape laws in Bangladesh are outdated and ineffective, such as the 1860 Penal Code and the Law of criminal Procedure 1860, which demands that eyewitnesses testify to the act. Of 311 women surveyed who had been raped, none recieved any form of justice because of loopholes in the law. (Ain-o-Salish Kendra survey, Tabibul Islam, "Rape of Minors Worry Parents," Inter Press Service, 8 April 1998)

Within the Prevention of Repression Against Women and Children Act, 1997, there is no provision for punishment of sexual harassment or mental torture of those held in custody. (Fawzia Karim Firoze and Salma Ali of the Bangladesh National Women Layer Association," Bangladesh Country Paper: Law and Legislation")

The Department of Women's Affairs has established a Cell Against Violence Against Women. In 1996 it dealt with 83 cases of acid throwing; 1415 cases of rape; 1664 cases of physical assault; 138 cases of trafficking; 85 cases of procurement of women for illicit reasons; 594 cases of dowry; 115 cases of maintenance, and 1539 cases of suicide; a total of 5933 cases in all. In 1995/96 the Dhaka unit received 1176 cases. It carried out 550 cases of restoration of family relations, 363 cases of procurement of maintenance and dower money of an amount of 688,280 Takas. Legal counselling was provided in 185 cases. Twenty-nine cases were filed in court. Ninety-one cases were sent to other agencies. (Bangladesh CEDAW Report, 1 April 1997)

Fatwas

Women, especially poor and rural women, are increasingly becoming the target of fatwas (religious edicts) by religious leaders in Bangladesh. In Faridpur, a mother of two children was set on fire, for an "illegitimate relationship." She was tied to a tree and flogged 50 times and then set on fire. In 1993, a 30-year-old woman was stoned to death for an "illegal marriage" in Kamalganj Thana of Northeastern Sylhet. The lower half of her body was buried and she was stoned 101 times. It took an hour for her to die. (Ershadul Huq, India Abroad News Service, 30 November 1997)

Case

Three Bangladeshi policemen were sentenced to death for the 1995 rape and murder of a 16-year-old girl in a highway patrol van. The police claimed she was only a prostitute. Riots followed this pronouncement in which the police fired on the crowd killing 7 people. (Associated Press, 1 September 1997)

In October 1996, Shima Chowdhury and her boyfriend, Abdul Hafiz were arrested for walking together in public without being married. The police did not keep a record of the arrest, and held them both without allowing them to be seen by a court, which is illegal. While detained, Shima was drugged and raped to the point of unconsciousness. In July 1997in Bangladesh four policemen were acquitted of raping Shima Chowdhury. She died in "safe custody" under mysterious circumstances after reporting the rape. "Safe custody" is used by police for victims of rape, sexual assault, trafficking and kidnapping. It purports to provide safety for those in danger of further assault, but in reality it is a form of punishment. The women are kept with other prisoners and are treated as if they are charged with, or convicted for, an offence. ("Bangladesh: Failure by state protects alleged rapist," AI Index, 13 May 1997)

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Factbook on Global Sexual Exploitation
Donna M. Hughes, Laura Joy Sporcic, Nadine Z. Mendelsohn and Vanessa Chirgwin