Last Change:
08/04/2025
The Human Trafficking Prevention Rules
Year: 2017
Type: Domestic law
Rights Category: Health, Liberty & security of person, Social protection
Description
There are certain powers that are conferred on the Prevention and Suppression of Human Trafficking Act 2012. In section 42 of the Act it says, after the coming into force of this act, the Government shall, by notification in the official Gazette, establish a fund to be called 'The Human Trafficking Prevention Fund’ and the fund shall be used and operated in accordance with the manner prescribed by rules and the money received from the following sources shall be deposited to the Human Trafficking Prevention Fund from the Government; any local authority; any person or institution; and or any other source to prevent and suppress human trafficking. And on section 46 of the said Act, the Government may, by notification in the official Gazette, make rules and without prejudice, such rules may be exercised for sources of the Human Trafficking Prevention Fund; operations of the Fund; method and criteria for obtaining grant from the Fund; the amount and divisions of the grants from the fund; and any other functions prescribed by rule. Five years after the PSHTA 2012 came in action, the Government of Bangladesh established the Human Trafficking Prevention Fund Rules in 2017
Selected provisions
(1) After the rescue of a victim of human trafficking, the rescuing officer or the investigating officer or the non-government organisation involved with the rescue, shall—
(a) during the first meeting with him, inform the said victim about his right to protection, medical care and other services, right to compensation, provision of legal aid, and the option to stay in any government or non-government shelter home or rehabilitation centre, and about other benefits to which he might be legally entitled by using Form 5 of Schedule A;
(b) pursuant to any request from the victim of human-trafficking, present an application to the Tribunal for a protection order under section 22(1) of the Act;
(c) concerning the victims of human trafficking who are in need of security or protection, furnish Form 6 of Schedule A or a Case Management Intake Form to the National Authority;
(d) when necessary, undertake measures to check the health of the victim and send a report of such health checkup to the police station concerned; and
(e) arrange for psycho-social counseling and treatment in order to mitigate trauma or mental breakdown of the victim.
(1) Any non-government organisation willing to undertake programmes relating to the rescue of victims of human trafficking, assistance to them, or their repatriation and social-integration shall have to obtain licence from the National Authority.
(2) To obtain a licence, the non-government organisation shall, upon payment of the fee as may be determined by the Authority, make an application in Form 7 of Schedule A, and the application shall be accompanied by the following documents, namely–
(a) an annual report of activities;
(b) a brief annual report of accounts;
(c) a copy, if any, of the registration-document, permission, or licence, as the case may be, obtained under any other law;
(d) a declaration stating that there is no complaints, by the residents of shelter homes or rehabilitation centres, of human rights violations against the application non-government organisation;
(e) a guarantee that the standards to be determined by the National Authority shall be maintained and complied with; and
(f) any other document as may be required by the National Authority.
(3) Upon being satisfied about the documents furnished under sub-rule (2), the National Authority shall, in the manner to be determined by it, issue a licence to the said applicant organisation.
(1) Any non-government organisation providing services to the victim of trafficking shall extend to the victims following types of assistance, namely:⎯
(a) free legal assistance, physical or psychological medical treatment, and psychosocial counseling for free;
b) free assistance to the victim in submitting necessary documents to different offices and in availing of any other benefits;
(c) accompanying and ensuring the security of the victim or witnesses while staying in or travelling from the shelter home or the rehabilitation centre for purposes relating to the criminal case or medical treatment;
(d) filing of application to the police or the Tribunal for protective and security measures when any victim of human-trafficking or witness of the concerned case faces any threat or risk; and
(e) helping the victims of human-trafficking staying in the shelter home or the rehabilitation centre to reintegrate into their family or society, providing them earningoriented training, and placing them in any business or employment.
(2) While providing services to women and children victims, welfare of them shall have to be ensured and, especially, appropriate arrangements should be made for the amusement, rest, travel and study of the children.
(3) The officers of the non-government organization or the shelter home who are engaged in providing services to the victims of human-trafficking must have appropriate training for conducting such activities, and the victims shall always be treated with humanity, courtesy and compassion.
(4) While sending any victim of human trafficking residing in the shelter home or the rehabilitation centre back to his family, or while providing him training or placing him in any business or employment, written consent of the said victim shall have to be obtained.
(5) No victim can be kept in the shelter home or the rehabilitation centre against his will or for a longer period than necessary, and a report regarding the victim who was sent in custody by an order of the court shall have to be submitted to the Tribunal or the concerned Magistrate once in a month.
(6) The authorities of the non-government organisation or shelter home shall keep confidential all personal information, photo, or identity of each victim who is receiving their service, nor shall they disclose any offence or cruelty committed against him, and shall inform each victim, once in every month, about the latest status of the concerned criminal case and the measures to be taken for their interest.
The principles to be observed while undertaking and implementing any programmes for the victims of human-trafficking and providing services to residents of shelter homes or rehabilitation centres shall be as follows, namely:⎯
(a) the respect for human dignity;
(b) non-discrimination;
(c) the highest level of protection of the victims of human-trafficking and, with regard to children, ensuring the protection of their best interest and welfare;
(d) improvement of the overall standard of life of victims of human-trafficking;
(e) participation of the victim in decision-making regarding any issues concerning him including rehabilitation, and reflection of the victim’s consent in such decisions.
(1) The shelter homes and the rehabilitation centres run by any nongovernment organisation shall have the following facilities, namely: ⎯
(a) reasonably comfortable rooms;
(b) a decent and crowd-free environment;
(c) enough electric fans in every bedroom;
(d) provisions for adequate light and ventilations for air; and
(e) hygienic toilets in enough numbers.
(2) The non-government organisation shall ensure that the residents of every shelter home or rehabilitation centre are examined by a registered physician at least once in a month.
(3) The non-government organisation, for the purpose of ensuring essential health-services and medical treatment, shall adopt its own policy or method with the previous approval of the National Authority.
(4) The non-government organisation shall make arrangements for appropriate recreation, amusement, and psycho-social and legal counseling for the residents of shelter homes or rehabilitation centres operated by it.
(5) It shall be ensured that the residents of every shelter home or rehabilitation centre are provided with balanced diet of standard quality, and are supplied reasonable quantity of daily essentials and toiletries.
(6) As and when necessary, the National Authority may from time to time issue directions to non-government organisations to follow the minimum international standards of care with regard to the services to which the victims residing in shelter homes and rehabilitation centres are entitled and the facilities to be extended to them, in accordance with the Children Act, 2013 (Act No. 24 of 2013), Rules made thereunder, or any other applicable law.