which is less than ideal and more importantly, in a country that has significant constraint
of resources. Hence, a drastic regulatory measure on child domestic works can inflict
much more harm on its intended beneficiaries (children) than no regulation at all.104 That
said, the current state of things cannot but be dealt with well thought out regulations.
Despite all our constraints, we must act to ameliorate the situation of our child domestic
workers regarding their living and working conditions.
Laws and policy instruments by granting rights on child domestic workers and
imposing obligations on their employers as well as public authorities have a critical role
to play for improving the plight of a large number of child domestic workers in
Bangladesh. But the role of legislations cannot be overplayed. Laws or policy instruments
in themselves would have limited practical value. In this regard, the Child Marriage
Restraint Act, 1929 can be cited as an example. While the legislation proscribing child
marriage has been in place since the British colonial era, child marriage was widely
practiced and the provisions of the Act are being implemented seriously only in the recent
era. Clearly, when the social awareness about the evil effects of child marriage has
increased; conscious individuals, organizations, and Government officials have started to
come forward to put the law into practice. The continued practice of bonded labour of
children in parts of Bangladesh which is manifestly unconstitutional and have been asked
by the HCD to be put to an end105 also supports this point that illegal activities which are
spurred by dire economic necessities and commonly accepted by the society cannot
effectively be controlled by legal provisions alone.
104
For example, in ASK v Bangladesh, above note 8, at paras 10 and 13, the HCD has referred to the Child
Labour Deterrence Act, 1993 of the USA (popularly known as Harkin Bill) which effectively put a ban on
import of goods that are produced by factories that employ children. This pressured induced by this, forced
children employed in garment factories in Bangladesh out of work and driven them to be employed in
much more dangerous and harmful works, see Michael Ewing-Chow, ‘First Do No Harm: Myanmar Trade
Sanctions and Human Rights’ (2007) 5(2) Northwestern Journal of International Human Rights 153, at
173.
105
30
BNWLA v Bangladesh, above note 10, at para 36.