69. The BNHRC emphasises that in order to end the regrettable phenomenon of child
labour, the legal provisions relating to working hours and conditions as regards children
in the Labour Act 2006 need to be amended. The BNHRC thinks the Fifth Periodic
State Party Report should have provided more information on the measures taken by
the GoB and their impact in this regard.
70. PROTECTION AGAINST INDUCEMENT OR COERCION TO ENGAGE IN
UNLAWFUL SEXUAL ACTIVITY
The BNHRC is aware that there exist legal provisions that if applied will help protect the
children against inducement or coercion to engage in unlawful sexual activity. For
example, sexual intercourse with a girl child under the age of 16 with or without consent
has been defined as rape and punished with rigorous imprisonment for life and with
fine.90 However, the BNHRC notes that this provision does not apply to a married girl
child under the age of 16 because the Penal Code 1860 provides that sexual intercourse
by a man with his own wife not being under thirteen years of age is not rape.91
Death of a girl child as a result a rape or subjecting a girl child to gang rape has been
made punishable with the death sentence and with fine. Rape of a girl child in police
custody has been made punishable also. Sexual oppression of a child is committed when
anyone in furtherance of his sexual desire touches the sexual organs or other organs of
a child and it has been made punishable with rigorous imprisonment and also with fine.92
71. The BNHRC is also aware of the fact that children remain at risk of abuse or harassment
in their own homes, from relatives and family ‘friends’.93 While disadvantaged and disabled
children were more vulnerable to abuse, it has not been limited to them.94 Children who lived
and/or worked on the street were especially vulnerable to violence and sexual abuse.95 In
public areas, some children—especially street children, child sex workers, and the children
of sex workers—were subjected to verbal, physical, and sexual abuse from police,
mastaans (miscreants), and the general public. Many kinds of child abuse—especially
sexual abuse—were difficult to assess because of the sense of shame children and adults
experienced which prevented them from reporting them.96 A UNICEF study suggests that
ten per cent of the girls said they had been raped in the homes of their employers, and that
the average age of girls at the first sexual abuse was 11.97 A survey facilitated by ILO reveals
that 0.8 per cent of the girls reported that they had experienced sexual abuse.98
90
Supra 11, section 9. Contrarily, the Penal Code defines rape as sexual intercourse with a girl child
under the age of 14 with or without consent.
14, Section 375.
Supra 11, Section 10.
93
UNICEF, Child Sexual Abuse, Exploitation and Trafficking in Bangladesh, available at
<http://www.unicef.org/bangladesh/Child_Abuse_Exploitation_and_Trafficking.pdf>, last visited on
13/09/2014.
94
Ibid.
95
Supra 22, p. 14.
96
Ibid, at pp. 13-18.
97
Ibid, at p. 127.
98
Ibid.
91
Supra
92
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