Draft law seeks death penalty for trafficking syndicate members

The advisory council yesterday approved in principle a draft ordinance introducing stringent penalties, including capital punishment, for members of human trafficking rackets.

The draft Prevention and Suppression of Human Trafficking and Smuggling of Migrants Ordinance-2025  includes provisions for punishments ranging from seven years' rigorous imprisonment to life imprisonment or even the death penalty, along with a Tk 5 lakh fine, for members of such gangs, each of whom would be held equally responsible for the crime.

For those individually involved in human trafficking, it prescribes penalties ranging from a minimum five years' rigorous imprisonment to life imprisonment, in addition to a Tk 50,000 fine.

The ordinance, set to replace the Prevention and Suppression of Human Trafficking Act-2012, defines human trafficking as the abduction, sale or purchase, confinement, concealment, transfer or harbouring of a person for labour, sexual or other forms of exploitation.

Such acts may be carried out through fear, deception, abuse of socio-economic or environmental vulnerabilities, or in exchange for money or goods.

The ordinance outlines human trafficking offences and penalties across nine chapters.

For instance, forcing a person to work or provide services against their will or holding someone in debt bondage will be considered trafficking. The punishment ranges from five to 12 years of rigorous imprisonment, along with a Tk 50,000 fine.

The draft also includes punishment for kidnapping, theft and detention with the intent of trafficking.

Kidnapping or holding a person captive for exploitation, including sexual exploitation, carries a sentence of five to 10 years of rigorous imprisonment with a minimum fine of Tk 20,000.

It is even stricter for the theft of a newborn from any healthcare centre or parental custody with trafficking intent, which is punishable by a minimum of five years up to life imprisonment, in addition to a Tk 50,000 fine.

The ordinance stipulates penalties for facilitating sexual exploitation. Using force, fraud or enticement to import, internally transfer, send abroad, buy or sell any female for sex work or other forms of sexual exploitation carries a sentence of three to 10 years of rigorous imprisonment and a minimum fine of Tk 50,000.

It also penalises operating a brothel or facilitating its use, with three to five years of rigorous imprisonment and a Tk 20,000 fine.

Public solicitation for sex work, through verbal calls or indecent gestures in public or private spaces, is punishable by up to three years' imprisonment, a fine of up to Tk 20,000, or both.

The draft ordinance also details other offences and punishments, investigation procedures, formation of a tribunal to try such cases, victims' protection, rehabilitation and legal support, and creation of a fund for victims.

However, it does not specify which offences would warrant the death penalty. Sources said a separate rule will later detail the offences and the specific punishments attached to them.

SMUGGLING OF MIGRANTS

The draft ordinance brings smuggling of migrants (SOM) under its scope for the first time. It defines migrant smuggling through two scenarios involving the intentional procurement of illegal entry for direct or indirect gain.

The first involves the illegal entry of a foreign national into Bangladesh or another country where they are not a citizen or permanent resident. The second involves the illegal entry of a Bangladeshi citizen into a country where they are not a citizen or permanent resident.

For the offence of migrant smuggling, intentional or attempted, the draft ordinance sets penalties of three to 10 years of rigorous imprisonment, along with a mandatory minimum fine of Tk 1 lakh.

Harsher punishments apply if the act endangers the life or safety of the smuggled migrant or if the offence is committed by an organised criminal group.

If the crime results in the victim's death, grievous injury, a life-threatening disease or cruel or inhuman treatment, the punishment is a minimum of five years' imprisonment up to life, in addition to a Tk 1 lakh fine. If an organised group commits the crime, each member would receive the same punishment, the ordinance says.

Welcoming the new ordinance, Shariful Hasan, associate director of BRAC's Migration and Youth Platform, said Bangladeshis are now among the top nationalities travelling to Europe via the Mediterranean Sea.

Contacted by The Daily Star, he said, "Many Bangladeshis try to reach Italy through Libya, where traffickers detain and torture them in camps for money. These incidents constitute smuggling of migrants."

However, this issue was not addressed in the existing Human Trafficking Act-2012. "As a result, traffickers often escaped punishment, denying victims justice. Including SOM in the new law is therefore a positive step."

Shariful also stressed the need for implementation, saying, "A law has little impact if it stays on paper. We need sustained awareness campaigns, especially in communities where people take such dangerous risks."