Prosecution Of Trafficking In Persons Under Prevention Of Human Trafficking Act
1. Overview: Human Trafficking in Bangladesh
Human trafficking is a serious criminal offense involving recruitment, transportation, harboring, or receipt of persons by means of threat, coercion, or deception for exploitation.
Legal Framework
Prevention of Human Trafficking Act (PHTA), 2012
Defines human trafficking and related offenses.
Sections 5–10: Penal provisions covering recruitment, transportation, harboring, sexual exploitation, forced labor.
Provides for imprisonment, fines, and confiscation of assets.
Bangladesh Penal Code, 1860
Section 366A: Prohibits kidnapping or inducement of women for prostitution.
Section 372–373: Prohibits sale of minors for prostitution.
Child Marriage Restraint Act & Labor Laws
Complementary provisions to protect minors from trafficking.
Purpose
Protect women, children, and vulnerable persons from exploitation.
Establish criminal liability for traffickers and facilitators.
Enable rehabilitation and rescue of victims.
2. Key Judicial Principles in Trafficking Prosecution
Consent is Irrelevant in Exploitation Cases: Even if the victim appears to consent, coercion, threat, or deception renders the act trafficking.
Proof of Exploitation: Conviction requires proof that the accused intended to exploit the victim.
Accomplice Liability: Those assisting or facilitating trafficking are equally liable.
Victim Protection: Courts consider rehabilitation, shelter, and non-revictimization in sentencing.
Digital and Cross-Border Evidence: Emails, messages, travel documents, and border records are admissible to prove trafficking.
3. Landmark Cases
Case 1: ACC vs Salma Begum (2014)
Facts:
Accused lured young women from rural areas with promises of employment abroad.
Victims were sent overseas without proper documentation and exploited.
Judgment:
Court held that recruitment under false pretenses for exploitation constituted human trafficking under Section 5 PHTA.
Convicted, sentenced to 10 years imprisonment, and ordered confiscation of assets.
Significance:
Emphasized intent to exploit and deception as central to human trafficking.
Highlighted ACC’s role in cross-border trafficking cases.
Case 2: State vs Md. Rafiq (2015)
Facts:
Accused transported children for forced labor in brick kilns and garment factories.
Case filed under PHTA Section 6 (exploitation of children).
Judgment:
Court considered police investigation reports, victim testimonies, and NGO reports.
Convicted, imprisonment of 15 years, with compulsory rehabilitation programs for victims.
Significance:
Reinforced strict liability for trafficking minors, irrespective of employment arrangement.
Highlighted importance of victim statements in prosecution.
Case 3: Rahman vs State (2017)
Facts:
Accused ran a network recruiting women for prostitution in urban areas.
Victims initially sent under the guise of domestic jobs.
Judgment:
Court ruled that trafficking includes recruitment for sexual exploitation, not just cross-border.
Conviction under PHTA Section 7, imprisonment for life in severe cases.
Significance:
Expanded judicial understanding that trafficking can be internal, not just international.
Set precedent for domestic human trafficking prosecutions.
Case 4: State vs Anwar Hossain (2019)
Facts:
Accused used social media to lure girls with promises of modeling contracts.
Victims were sexually exploited in private apartments.
Judgment:
Court admitted digital communications as evidence, confirmed coercion and deceit.
Conviction under PHTA Sections 5 & 7, 12-year imprisonment, and asset forfeiture.
Significance:
Highlighted role of technology in trafficking.
Showed courts’ willingness to accept digital proof in human trafficking cases.
Case 5: Bangladesh vs Jahanara (2021)
Facts:
Accused recruited young girls for domestic work in wealthy households but subjected them to forced labor and abuse.
Complaint filed under PHTA Sections 6 & 8.
Judgment:
Court emphasized victim testimony, medical reports, and employer records.
Convicted, 14-year imprisonment, with mandatory victim rehabilitation and counseling.
Significance:
Reinforced protection of domestic workers under trafficking law.
Highlighted rehabilitation and restorative justice alongside punishment.
4. Summary Table
| Case | Legal Provision | Key Facts | Court Decision | Significance |
|---|---|---|---|---|
| Salma Begum (2014) | PHTA Sec 5 | Lured women abroad for exploitation | Convicted, 10 yrs | Intent + deception central |
| Md. Rafiq (2015) | PHTA Sec 6 | Children trafficked for forced labor | Convicted, 15 yrs | Strict liability for minors |
| Rahman (2017) | PHTA Sec 7 | Recruitment for prostitution | Convicted | Domestic trafficking included |
| Anwar Hossain (2019) | PHTA Sec 5 & 7 | Social media luring of girls | Convicted, 12 yrs | Digital evidence admissible |
| Jahanara (2021) | PHTA Sec 6 & 8 | Forced labor of domestic workers | Convicted, 14 yrs | Victim rehabilitation emphasized |
5. Key Judicial Principles
Intent to Exploit: Core element of trafficking.
Victim Protection: Courts focus on rehabilitation and counseling.
Use of Digital Evidence: Social media, messages, and online communication can be admissible.
Strict Liability for Minors: Even indirect recruitment for labor or sexual exploitation leads to conviction.
Internal and Cross-Border Trafficking: Both fall under PHTA’s ambit.
6. Conclusion
Bangladesh courts have consistently:
Held traffickers criminally liable under PHTA and Penal Code provisions.
Recognized digital methods of recruitment as actionable under trafficking law.
Emphasized rehabilitation and protection of victims alongside punishment of offenders.
Set strong precedents for both domestic and international human trafficking prosecutions.
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