Space For Rent
Thursday, February 4, 2016, Magh 22, 1422 BS, Rabius Sani 23, 1437 Hijri


Law Analysis
"Sex Trade"- An obscure Industrial Dilemma Scrutinized by domestic Law
Khairul Islam (Taj)
Published :Thursday, 4 February, 2016,  Time : 12:00 AM  View Count : 14

Man has an inborn desire to mitigate biological hunger set by almighty Creator. This mitigation process may be either legal (marriage based) or illegal (extra marital affair). In most societies, prostitution has been typically viewed as an illegitimate trade that contradicts the majority's values. With the development of modern legal systems, prostitution was often criminalized and the coercive power of the state brought on this socially undesirable business. According to author Doezema- "those who view the sex trade as illegitimate and promote the passage of laws against it are called abolitionists." From this perspective, failure to condemn the sex trade will lead to its further growth and the victimization of women. However, regulationalists count this trade to be inevitable. They say that state will create severe problems by suppressing prostitution and pushing it underground. Bangladesh does not easily fall into either of two camps. As a religious and conservative nation, Bangladesh has strong abolitionists' impulses.
The constitution of Bangladesh instructs the government to prevent prostitution and subsequent laws have sought to do just that. For instance, the Dhaka Metropolitan Police Act prohibits public solicitations of sex. Article 18 (2) of the Bangladeshi constitution asserts- "The state shall adopt effective measures to prevent gambling and prostitution." Keeping a brothel or allowing premises to be used as a brothel and soliciting in a public place are punishable offences under section 12 & 13 of Human Trafficking Deterrence and Suppression Act, 2011. Despite strong anti-trafficking legislation, there exists a gap between the law and its implementation. Similarly, it is difficult to prosecute culprits who continue circumventing these laws. The Suppression of Immoral Traffic Act 1993 is directly linked with prostitution. Section 3.1 in this Act to some extent bans the engagement of female child aged under 18 to sex trade. On the other hand, the state is unwillingly encouraging the continuation of sex work through generations as children do not have other alternatives.    
Nonetheless, no law expressly prohibits prostitution and the courts have upheld the legality of sex work under certain circumstances. To note, a ruling of high court division came in response to a 1999 incident, whereby the police raided brothels in Narayanganj. Police placed the detained 155 sex workers for rehabilitations. To the utter surprise, the high court division ruled the detention illegal on the ground of right to life and livelihood as well as lack of laws expressly prohibiting prostitution. So, prostitution is somewhat legalized in Bangladesh, albeit within parameters. While it is illegal to solicit sex on the street, it legal to sell sex in brothels and red light districts. Bangladesh places 14 brothels representing Doulatdia as the largest one. It is seen that sex workers in brothels often obtain an affidavit stating the age 18 or high. They also admit, they are consensually engaged in prostitution. But, ironically their age recognition falls into false category and sex work in brothel is not always lawful. As such, given the street based sex workers solicit sex in public, they still violate the law. Irrespective of the partial legalization of sex work, the industry is still illegitimate at large and remains highly stigmatized. Different perspectives say that prostitution itself is a violation of women's right. We also find several cases where exploited women were not protected by the country's justice system only because they had consensually engaged in prostitution. In regard to brothel, legality does not mean effective regulation.
Interestingly, women are often portrayed as being pushed into this obscure industry- if not by an individual, then by circumstances. Circumstantial reasons may refer to poverty, lack of education or scanty of alternative options. Children of sex workers are exposed to forced sex, drugs, abuse and violence at tender age. Though partial legalization of sex work is declared in Bangladesh occasionally, the profession is still defined by exploitation and abuse. Additionally, police frequently create harassment to the female sex traders. Among the common form of violence and harassment by police and clients, most notable ones are- Forcibly undressed, verbally abused, beaten, slashed with blades, burnt with cigarettes, physically abused during intercourse, raped/ gang raped, forced to have unsafe group physical intercourse, bribe paid, earnings stolen, unpaid or underpaid, constantly irritated. Minors are being trafficked to residences where they are locked up and drugged. Study reveals that some street based sex workers are even bigger criminals than the police. Most of them snatch away client's money, mobile, chains and so on after intercourse. Sex workers do face tremendous dilemma while delivering a legal child. Medical professionals see them as source of disease, named HIV positive rather than a human being. How could a doctor do this to a new mother and baby? This practice is illegal and unethical.  
Khairul Islam (Taj) is an Ex- Law Graduate, D.U. & Founder of Law Mate Foundation







Editor : Iqbal Sobhan Chowdhury
Published by the Editor on behalf of the Observer Ltd. from Globe Printers, 24/A, New Eskaton Road, Ramna, Dhaka. Editorial, News and Commercial Offices : Aziz Bhaban (2nd floor), 93, Motijheel C/A, Dhaka-1000. Phone :9586651-58. Fax: 9586659-60, Advertisemnet: 9513663, E-mail: [email protected], [email protected], [email protected].