Date of publication:

01/08/2026

Bangladesh

Do domestic laws and policies establish measures to prevent and respond to gender-based violence committed against forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Bangladesh has several laws addressing gender-based violence, including domestic violence, sexual assault, and trafficking in persons. Though the laws do not specifically mention refugees or asylum seekers, these laws are applicable nationwide, including in refugee-hosting areas. The laws that aim to prevent, mitigate the risk of and respond to GBV and trafficking in the country are but not limited to Domestic Violence (Prevention and Protection) Act, 2010, The Women and Children Repression Prevention Act, 2000, and The Prevention and Suppression of Human Trafficking Act, 2012. The Government introduced the National Action Plan to Prevent Violence Against Women 2018-2030 and established One Stop Crisis Centre to deal with GBV and TiP. The One Stop Crisis Centre can be accessible by any victims and in practice the Rohingya refugees through the support of implementing partners are accessing these services. 

Bangladesh introduced the Domestic Violence (Prevention and Protection) Act of 2010 with an aim to protect and prevent women and children from domestic violence and for connected matters. The Act does not discriminate and hence provides equal protection in law to refugees and asylum seekers. Section 3 of the Act provides that 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 the victim is, or has been, in a family relationship.” The Act further allows survivors to obtain protection orders to safeguard themselves from further violence. As per Section 4 of the Act, the survivor has the right to obtain medical services, phyco-social services, free legal aid services, and file a complaint under any other existing law as appropriate to the case. Furthermore, as per Section 14 of the Act, the Court has the authority to issue protection orders to prevent the perpetrator from committing further acts of violence and the order can include prohibiting the perpetrator from entering the victim’s residence or workplace. Section 15 of the Act entitles survivors of domestic violence to alternative housing, shelter homes, or secure accommodation if deemed necessary. Section 16 of the Act allows survivors to claim financial support and compensation for injuries and maintenance for the victim and any dependent children, ensuring they receive financial support from the perpetrator. 

The Women and Children Repression Prevention Act, 2000 (amended in 2020) addresses various forms of violence and exploitation against women and children, including sexual assault, dowry-related violence, and human trafficking. The Act does not discriminate and hence applies equal protection of law to refugees and asylum seekers. The 2020 amendment introduced stricter penalties, including the death penalty for rape or death in consequence of rape. The Act outlines punishment for kidnapping a child or a women with lifetime imprisonment or with rigorous imprisonment with hard labor,1 which may extend to fourteen years and also a fine (Section 7), punishment for rape or death in consequence of rape with either a death sentence or life imprisonment (Section 9), punishment for sexual oppression with seven years but not less than two years of rigorous imprisonment2 and also a fine (Section 10) and revealing the identity of victimized women and children in the media with two years or with a fine not exceeding BDT 100,000 (one hundred thousand) or both (Section 14) and several other offences such as causing death for dowry,  (section 12) impairing any limb of a child for the purpose of begging (section 13). The Act further stipulates that at any stage of the trial of the offence, if the Tribunal thinks that any woman or child needs protection, it may issue an order that they be kept in safe custody (Section 31). 

The Prevention and Suppression of Human Trafficking Act, 2012 which can also be applied to protect refugees and asylum seekers was enacted to combat human trafficking, particularly the trafficking of women and children, and it encompasses provisions for prevention, victim protection, prosecution of offenders, and rehabilitation of victims. The Act stipulates that if a person is found guilty of committing the offence of human trafficking, they shall be punished with imprisonment not exceeding life but not less than five years of rigorous imprisonment and with a fine not less than BDT 50,000 (fifty thousand) (Section 6). Section 9 of the Act penalizes forced or bonded labors whereas section 10 criminalizes kidnapping, stealing and confining any other person with intent to commit the offence of human trafficking. To deal with sexual offences, the Act provides penalties for importing or transferring to any other person for prostitution or any other form of sexual exploitation or oppression.3 Section 36 of the Act further mandates that trafficking victims should be provided with shelter, medical assistance, and rehabilitation services. 

The Government of Bangladesh has made a National Action Plan to Prevent Violence Against Women (NAPVAW) where it has specifically mentioned regarding development of special guidelines and programs for refugees with support from Ministry of Home Affairs.4 Earlier to this action plan, the government framed a policy titled ’National Women Policy 2011’ that addressed the risk of gender-based violence and trafficking and stated in its objective to stern enforcement of legislations against trafficking and eliminate all sort of violence against women.5

The Government of Bangladesh has set up One-Stop Crisis Centers (OCCs) all over the country in addition to the legislative provisions. Survivors of gender-based violence (GBV) and refugees can visit these centers, which offer integrated services such as medical care, psychiatric therapy, legal aid, and shelter for up to 72 hours. Legal aid services are available to GBV survivors, and UNHCR's legal implementing partners provide Rohingya refugees with assistance to access justice in this area. In the same manner, Rohingya refugee survivors of gender-based violence can receive psychological counseling and support services in the camps to address trauma and violence-related mental health concerns. 

Refugees, particularly in camps like Cox's Bazar in Bangladesh, are at heightened risk of being trafficked due to their precarious situation. They often lack legal protection, employment opportunities, and education, making them easy targets for traffickers. Despite the laws outlining certain protective and preventive provisions, the challenge lies in the effective implementation of the law as resources are limited, and the number of facilities is inadequate compared to the huge number of refugees. This contributes to increased risk in the refugee camps where reports of trafficking are regular. At the time of writing, the three main pillars of ongoing GBV programs in Rohingya camps are preventive, response, and risk-mitigation initiatives, according to humanitarian partners. They target Rohingya women, men, girls, and boys living in camps, as well as government representatives, religious leaders, community leaders, and partners from other sectors.6
 

  • 1

    Section 53, The Penal Code, 1860

  • 2

    Ibid, s. 53 defines "’rigorous imprisonment’ as an imprisonment with hard labor"

  • 3

    Section 11, The Prevention and Suppression of Human Trafficking Act, 2012

  • 4

    National Action Plan to Prevent Violence Against Women and Children 2018-2030, Monitoring and Evaluation Framework, Ministry of Women and Children Affairs, Government of the People’s Republic of Bangladesh, December 2020, pg. 26

  • 5

    National Women Development Policy, 2011, Ministry of Women and Children Affairs, The Government of the Peoples' Republic of Bangladesh, March 2011, pg. 15, 16

  • 6

    Silvia Guglielmi, Khadija Mitu, Nicola Jones and Muhammad Ala Uddin, ’Gender-based violence: what is working in prevention, response and mitigation across Rohingya refugee camps in Cox’s Bazar, Bangladesh?’ November 2022, Available at: https://www.gage.odi.org/publication/gender-based-violence-what-is-working-in-prevention-response-and-mitigation-across-rohingya-refugee-camps-in-coxs-bazar-bangladesh/  

    LAW & POLICY

    Related provisions of domestic law or policy

    The Domestic Violence (Prevention and Protection) Act

    Legal provision

    Section 3: 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 selfexpression; (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.

    Section 4: Duties and responsibilities of Police Officer

    A Police Officer, who has received a complaint of domestic violence or is otherwise present at the place of an incident of domestic violence or when the incident of domestic violence is reported to him or her, shall inform the victim- (a) of her right to make an application for obtaining a relief by way of any orders under this Act; (b) of the availability of medical services; (c) of the availability of services of the Enforcement Officers; (d) where applicable, of her right to free legal services under the Legal Aid Act, 2000 (Act 6 of 2000); (e) of her right to file a complaint under any other existing law; and (f) other duties and responsibilities prescribed by the government in this behalf.

    Section 14: Protection order

    The Court may, after giving the parties an opportunity of being heard, satisfied that domestic violence has taken place or is likely to take place, issue a protection order in favour of the victim and issue order restraining the respondent from committing following acts, namely:- (a) from committing any act of domestic violence; (b) aiding or abetting in the commission of any acts of domestic violence; (c) prohibiting or restraining from entering any protected person's place of employment, business, or educational institution or other institution which the protected person ordinarily visits; (d) prohibiting or restraining from making any personal, written, telephone, mobile phone, email or any other form of communication with the protected person; (e) prohibiting from causing violence to the dependants of the victim or any relatives or any person who gives assistance to the victim from domestic violence; (f) any other act that may be cited in the protection order.

    Section 15: Residence orders

    (1) The court, on the basis of application may issue the following residence orders, namely: - (a) restraining the respondent from residing or visiting the shared residence or specified part thereof where the victim resides; (b) restraining the respondent from dispossessing or in any other manner disturbing the possession of the victim from the shared household; (c) directing the Enforcement Officer to make arrangement for a safe shelter or safe place for the victim and her child/children, if the victim so consents to her placement in such alternative arrangement, during the existence of the protection order and if the continuous stay of the protected person at the shared residence is considered by the Court to be not safe for the protected person; (d) directing the respondent to secure the same level of alternate accommodation for the victim as enjoyed by her in the shared residence or to pay rent for the same, if the circumstances so require; (e) requiring the respondent against whom the order is made to permit any protected person, accompanied by the Enforcement Officer, to enter the offender's residence, shared or not, for the purpose of collecting the protected person's personal belongings including her medical, educational and professional records, documents and certificates, passport, bank account documents, savings certificate and other investment papers and documents, personal income tax documents, jeweler, cash money, mobile phone, household goods and valuables of any description; (f) order against the respondent to permit any protected person to have the continued use and expenses of a vehicle which has previously been ordinarily used by the protected person. (2) If a right to exclusive occupation of a shared residence or any part thereof is granted to the protected person, such order shall not affect any title or interest that the respondent against whom the order is made; (3) The Court, shall make an order evicting the person against whom the order is made from the whole of a shared residence that is solely owned by him or her, it is satisfied that there is no other way to secure the personal safety of the protected person for the time being: Provided that such order shall revoked, if- (a) a suitable safe shelter or safe place or alternative residence is found for the protected person; or (b) the Court being otherwise satisfied that it is no longer necessary to continue the order for securing the personal safety of the protected person. (4) The Court may impose any additional conditions or pass any other direction which it may deem reasonably necessary or incidental to protect or to provide for the safety of the victim or her child/children or any member of her family. (5) The Court may require the respondent to execute a bond, with or without sureties, that neither he/she nor any of his/her family members will commit any further acts of domestic violence. (6) While passing an order under sub-section (1), sub-section (2) or sub-section (3) the Court may also pass a written order directing the officer in charge of the nearest police station to give protection to the victim or her child/children. (7) The Court may direct the respondent to return to the possession of the victim any immovable property, her stridhan or dower or alimony or any other marital property and moveable assets, valuables, documents, certificates and any other property or valuable security to which she is entitled.

    The Penal Code

    Legal provision

    Section 53: Punishments

    The punishments to which offenders are liable under the provisions of this Code are,- Firstly,- Death; Secondly,- 15[Imprisonment for life]; Fourthly,-Imprisonment, which is of two descriptions, namely:- (1) Rigorous, that is, with hard labour; (2) Simple; Fifthly,- Forfeiture of property; Sixthly,- Fine. [Explanation.-In the punishment of imprisonment for life, the imprisonment shall be rigorous.]