Date of publication:

03/24/2025

Bangladesh

Do domestic laws and policies prioritize access to national social care services for unaccompanied and separated children, victims of trafficking in persons, survivors of gender-based violence, or other groups with specific needs and vulnerabilities?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

The Prevention of Violence Against Women and Children Act (2000) provides the legal framework for the investigation and prosecution of crimes such as rape and abduction against any woman and child in Bangladesh, without any restriction on nationality or legal status of the victim. Further, the Domestic Violence Prevention and Protection Act (2010) aims to provide protection to women and children from domestic violence and matters related thereto in ensuring equal treatment of men and women, regardless of their nationality and age. Moreover, the Dowry Prohibition Act (2018) that aims to provide equal treatment of men and women in marriage through prohibiting dowry is also equally applicable to foreigners in Bangladesh.

The Child Marriage Restraint Act (2017) does not limit its application to citizens only and in that sense can be construed to accord legal protection to refugee children as well. The Children Act (2013) regulates judicial, administrative, and social matters with regards to children in conflict with law as well as children in contact with law. The Act does not differentiate between citizens and foreigners and provides safeguards such as provision of translator in court proceedings (Article 27); best interest consideration (Article 54. (3)); special provisions and alternative care arrangements for disadvantaged children (Article 85-89) that might be interpreted in favour of refugee children.

Even though the law may not set any limitation to include refugees, lack of clear direction by the higher authorities, rigid interpretation of law and lack of willingness by the implementers often result in the non-accessibility of such facilities for the refugees. Despite these, there are some positive approaches the Government of Bangladesh authorities have taken:

Unaccompanied and separated refugee children:

In the refugee camps, when unaccompanied and separated refugee children are identified, UNHCR and partners’ Child Protection teams ensure assistances and services for the children. UNHCR also advocates with the government officials (Camp-in-Charge) for family reunification of the children. Basic healthcare services, nutrition and food, shelter and non-food items, and facilitation of meaningful access to specialized services for the children, etc. are provided to refugees by the humanitarian sector inside the refugee camps. For more advance services that are not available in the refugee camps, such as advanced health care facilities, services related to Sexual and Gender-Based Violence, and survivors of trafficking, refugees are referred to the Government of Bangladesh managed service centres through referral mechanisms in the camps.

GBV survivors: 

Other than the basic healthcare, legal and psychosocial services provided by the humanitarian sector inside the refugee camps, if refugee survivors of Gender-Based Violence (GBV) require advanced services, such as medical assistance, psychosocial counselling in coordination with the police and safe homes (for limited time, not exceeding 72 hours) provided by the Government of Bangladesh can be availed in the two One Stop Crisis Centres (OCC) under the multisectoral Program on Violence against Women in Cox’s Bazar District. The OCCs are equipped with health care, police help desk, DNA testing, psychosocial services and safe homes.

Refugee GBV survivors with security concerns have limited access to the Government established safe shelters in Cox’s Bazar District. There are only a few safe shelters run by the humanitarian agencies where refugee GBV survivors can stay up to three months.

Victims of Trafficking in Persons:

Generally, in Bangladesh, law enforcement agencies rescue victims of trafficking in persons (VoTs) and, when on Bangladeshi territory, disembark people in distress. The Government of Bangladesh and law enforcement agencies provide legal support which includes investigation and prosecution of alleged perpetrator(s). Refugee VoTs have access to limited care and protection systems offered by the Government while some services are covered by the humanitarian sector. Other than that, UNHCR with support from partners, is also involved in rescuing refugee VoTs and provides medical support and assists in reuniting them with families. If the refugee survivors are detained by law enforcement authorities, UNHCR follows up and provides necessary legal assistance. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Domestic Violence (Prevention and Protection) Act

    Legal provision

    Cognizance, bailablity and compoundablity

    The offense committed under this Act shall be cognizable, available, and compoundable.

    Definition

    (4) "Child" means a person below the age of eighteen years; (15) "Safe place" means any home or institution maintained or managed by any person or agency or organization approved by the government or which is considered as safe place for victim by the court; (18) "Victim" means a child or woman who is or has been or is at risk of being subjected to domestic violence by any other member of the family to whom a family relationship exists; (19) "Women" means any woman irrespective of age.

    Domestic violence

    Domestic violence.- For the purpose of this Act, domestic violence means physical abuse, psychological abuse, sexual abuse or economic abuse against a woman or a child of a family by any other person of that family with whom victim is, or has been, in family relationship. Explanation: For the purpose of this section- (a) "Physical abuse"- that is, any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the victim and includes assault, criminal intimidation and criminal force; (b) "Psychological abuse"- that includes but is not limited to:- (i) verbal abuse including insults, ridicule, humiliation, insults or threats of any nature; (ii) harassment; or (iii) controlling behaviour, such as restrictions on mobility, communication or self- expression; (c) "Sexual abuse"- that is, any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of the victim; (d) "Economic abuse" that includes but is not limited to:- (i) deprivation of all or any economic or financial resources or property to which the victim is entitled under any law or custom whether payable under any law or custom or an order of a court or any other competent authority; (ii) not allow to use the articles of daily necessities to the victim; (iii) deprivation or prohibiting the victim from applying legal rights to her stridhan or dower or alimony or any consideration for marriage or any property owned by the victim; (iv) transferring without consent of the victim or prohibiting the victim from applying legal rights to any assets whether movable or immovable owned by her; (v) deprivation or prohibiting the victim from applying legal rights to continued access to resources or facilities which the victim is entitled to use or enjoy by virtue of the family relationship.

    Custody Orders

    Notwithstanding anything contained in any other law for the time being in force, the Court may, at any stage of hearing of the application for a protection order or for any other relief under this Act grant order for temporary custody of any child or children of the victim to the victim or to any applicant in favour of the victim and if necessary, the arrangements for any visit to such child or children by the respondent.

    Right to reside in the shared home

    The victim shall have every right to reside in the shared residence due to family relationship.

    The Child Marriage Restraint Act

    Legal provision

    Section 18 -Mode of taking cognizance of offences

    No court shall take cognizance of an offence under this Act after the expiry of 2 (two) years from the date on which the offence is alleged to have been committed. mentions that no court shall take cognizance of any offence if not filed within two years of the alleged offence to have been committed.

    Section 7 - Punishment for contracting a child marriage

    (1) If any adult, male or female, contracts a child marriage, it shall be an offence, and for this, he shall be punished with imprisonment which may extend to 2 (two) years, or with fine which may extend to 1 (one) lakh Taka, or with both, and in default of payment of the fine, shall be punished with imprisonment which may extend to 3 (three) months. (2) If any minor, male or female, contracts a child marriage, he shall be punished with detention which may extend to 1 (one) month, or with fine which may extend to 50 (fifty) thousand Taka, or with both: Provided that if any case is filed against, or penalty imposed upon, a person under section 8, no punishment shall be imposed upon the aforesaid minor, whether male or female.

    Section 19 - Special provision

    Notwithstanding anything contained in any other provision of this Act, if a marriage is solemnized in such manner and under such special circumstances as may be prescribed by rules in the best interests of the minor, at the directions of the court and with consent of the parents or the guardian of the minor, as the case may be, it shall not be deemed to be an offence under this Act.

    Section 8 - Punishment for parent or others concerned in a child marriage

    Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnized, or negligently fails to prevent it from being solemnized, shall commit an offence, and for this, be punished with imprisonment which may extend to 2 (two) years but not less than 6 (six) months, or with fine which may extend to 50 (fifty) thousand Taka, or with both, and in default of payment of the fine, shall be punished with imprisonment which may extend to 3 (three) months.

    Section 12 - Documents to prove age

    For the purpose of proving age of a male or female who is in marriage or intends to contract a marriage, the birth certificate, national identity card, secondary school certificate or an equivalent certificate, junior school certificate or an equivalent certificate, primary school certificate or an equivalent certificate or passport shall be considered as a legal document.

    Act No. 24 of 2013, The Children Act

    Legal provision

    Section 13

    (1) The Ministry of Home Affairs shall set up a Child Affairs Desk in every police station, by assigning its responsibilities to an officer, not below the rank of Sub-Inspector: Provided that if there is any female Sub-Inspector working in the concerned police station, the female Sub-Inspector shall be given preference to assign the responsibility of the desk.

    The Prevention of Oppression Against Women and Children Act

    Legal provision

    Section 2: Definition

    Definition: Unless different intention appears from the subject or context, in this Act- a) ‘Offence’ means any offence punishable under this Act. b) ‘Abduction’ means taking a person away by force or by inducement or by instigation or by misrepresentation or by coersion from one place to another. c) ‘Detention’ means confining a person against his/her will. d) ‘Tribunal’ means any tribunal established under this Act. e) ‘Rape’ means rape stated under section 375 of the Penal Code 1860 (Act XLV of 1860) subject to section 9 under this Act; f) ‘New born baby’ means any baby which is below the age of forty days; g) ‘Woman’ means a woman of any age; h) ‘Ransom’ means financial facility or any other facility; i) ‘Criminal Procedure’ means the Code of Criminal Procedure 1898 (Act V of 1898); j) ‘Dowry’ means money, goods or any property which has been given or agreed to give to the bride-groom or his father or mother or any person on his behalf, directly or indirectly, at the time of marriage or before marriage at any time after marriage in condition with the smooth continuation of marital life or as a consideration given by the side of the bride and the money, goods or property which has been demanded from the bride or her father or mother or any person on her behalf, by the bride-groom or his father or mother or ay other person on his behalf as the above mentioned condition or consideration. k) ‘Child’ means any person under fourteen years of age; l) ‘High Court division’ means the High Court Division of the Supreme Court of Bangladesh.

    Section 19: Cognizance of offence etc.

    All offences punishable under this Act shall also be cognizable. All offences under this Act shall be non-bailable. Subject to other provision under this Act no accused o punishable person shall be released on bail, if- a) the complainant does not get the opportunity for hearing on the application to release him; and b) the Tribunal is satisfied as such, considering the complaint, that there is sufficient ground for to be convicted, or c) the person is , a woman or a child or physically disabled and the Tribunal is not satisfied that justice will not be impeded if he is not released on bail.

    The Dowry Prohibition Act

    Legal provision

    Agreement on dowry to be void

    For carrying out the purposes of this Act any agreement for giving or taking of dowry shall be void.

    Penalty for filing false case, etc.

    If any person, with intent to affect another person, files or causes to file a case or makes or causes to make a complaint against the person knowing that there is no just or legal ground for filing a case or making a complaint, he shall be punished with imprisonment for a term not exceeding 5 (five) years, or with fine not exceeding 50,000 (fifty thousand) Taka, or with both.

    Penalty for demanding dowry

    If any party to a marriage demands, directly or indirectly, dowry from other party to the marriage, it shall be an offence under this Act and for that reason, he shall be punished with imprisonment for a term not exceeding 5 (five) years, but not less than 1 (one) year, or with fine not exceeding 50,000 (fifty thousand) Taka, or with both.

    Offences to be cognizable, non-bailable, etc.

    The offenses committed under this Act shall be cognizable, non-bailable, and compoundable.

    Penalty for giving or taking dowry, etc.

    If any party to a marriage gives or accepts dowry, or abets to give or take dowry, or makes agreement for giving or taking dowry, such act shall be an offence and for that reason, he shall be punished with imprisonment for a term not exceeding 5 (five) years, but not less than 1 (one) year, or with fine not exceeding 50,000 (fifty thousand) Taka, or with both.

    Definitions

    In this Act, unless there is anything repugnant in the subject or context, (a) “Party” means, for the purposes of this Act, the bride or the bridegroom of the marriage or the parent of the bride or bridegroom or, in the absence of the parent of the bride or the bridegroom, the legal guardian thereof or any other person directly involved in the marriage from the side of the bride or the bridegroom; and (b) “Dowry” means money or any other asset demanded, directly or indirectly, or given or agreed to be given by one party to a marriage to the other party to the marriage, as the consideration for the marriage at the time of, or before, the marriage or during the existence of marital relationship as the precondition of marriage, or on condition of continuing the marriage, but does not include dower or mehr in the case of persons to whom the Muslim Personal Law (Shariat) applies or the presentation given to the either party to a marriage at the time of the marriage by the relatives, friends or well-wishers of the parties to the marriage.