Everyone has the right to lead their life by their own and they should not be the victim of forced labor-illustrate and explain.

INTRODUCTION

Constitution is the fundamental law which can be written or unwritten, that establishes the character of a government by describing the basic principles to which a society must follow; by describing the organization of the government and regulation, distribution, and limitations on the functions of different government departments; and by prescribing the extent and manner of the exercise of its sovereign powers.  It functions as an evolving body of legal custom and opinion.[1]

The Constitution of Bangladesh is the supreme law of Bangladesh. It declares Bangladesh as a secular democratic republic where power belongs to the people; and lays down the framework defining fundamental political principles of the state and also the fundamental rights of citizens.[2]

It was passed by the Constituent Assembly of Bangladesh on November 4, 1972, it came into effect from December 16, 1972, the day commemorated as Victory Day in the country, marking the defeat of the Pakistan Army in the Bangladesh Liberation War. The constitution proclaims nationalism, democracy, socialism and secularity as the fundamental principles of the Bangladeshi republic. It was one of the most liberal constitutions of the time.[3]

 Bangladesh labour laws

 The labour law system is more than a century old in Bangladesh. The first labour law was

enacted in the Indian sub-continent during the British period, in 1881. Subsequently, the British

Government introduced several laws concerning different labour issues, e.g., working hour,

employment of children, maternity benefit, trade union activities, wage, etc. The Factories Act

(1881), Workmen’s Compensation Act (1923), Trade Unions Act (1926), Trade Disputes Act

(1929), Payment of Wages Act (1936), Maternity Benefit Act (1939), and the Employment of

Children Act (1938) were remarkable labour laws enacted during the British period.

 The BLL is fairly comprehensive and progressive. The law is a consolidation and updating of

the 25 separate acts. The comprehensive nature of the law can immediately be gleaned from its

coverage — conditions of service and employment, youth employment, maternity benefit, health

and hygiene, safety, welfare, working hours and leave, wages and payment, workers’

compensation for injury, trade unions and industrial relations, disputes, labour court, workers’

 participation in companies profits, regulation of employment and safety of dock workers,

provident funds, apprenticeship, penalty and procedure, administration, inspection, etc.

The BLL is also considered an advance because it removes certain ambiguities in the old and

diverse labour acts and aligns the labour law system with the ILO core conventions.

The BLL is also an advance because of its wider coverage, for example, workers and staff of

hospitals, nursing homes and even non-governmental organizations are now covered by the law.

Also, certain welfare and social benefits have been improved or instituted, e.g., death benefit

(financial support to family of deceased worker), application of provident fund benefit to all

workers in the private sector, expansion of maternity benefit from 12 to 16 weeks, adoption of

group insurance for establishments with 200 or more workers, and increased employee

compensation for work-related injury, disability and death.[4]

 Fundamental Rights

Laws inconsistent with fundamental rights to be void.

 (1) All existing law inconsistent with the provisions, to the extent of inconsistency, become void on the commencement of the Constitution.

 (2) The State should not make any law inconsistent with any provisions, and any

law so made shall, to the extent of such inconsistency, be void.

 Equality before law.

All citizens are equal before law and are entitled to equal protection of law.

 Discrimination on grounds of religion, etc.

  (1) The State should not discriminate against any citizen on grounds only of religion, race

caste, sex or place of birth.

     (2) Women should get the equal rights that men gets in all spheres of the State and of public life.

      (3) No citizen should, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place

of public entertainment or resort, or admission to any educational institution.

 Equality of opportunity in public employment.

 (1)   All citizens in the country should get the equal opportunity when they apply for jobs in the office.

(2)   The citizens should not be discriminated because of their of religion, race, caste, sex or place of birth when they go for any employment.

 Right to protection of law.

 To enjoy the protection of the law, and to be treated in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.[5]

 Safeguards as to arrest and detention.

 (1)   Any person who is arrested should not be detained in custody without being informed, as soon as may be of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

 (2)    Every person who is arrested and detained in custody should be taken before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate, and no such person should be detained in custody beyond the period without the authority of a magistrate.

 (3)    No law providing for preventive detention should authorise the detention of a person for a period exceeding six months unless an Advisory Board consisting of three persons, of whom two should be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other should be a person who is a senior officer in the service of the Republic, has, after affording him an opportunity of being heard in person, reported before the expiration of the period of six months that there is, in its opinion, sufficient cause for such detention.

(4)    When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order should, as soon as may be, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order.

(5)    Parliament may be law prescribe the procedure to be followed by an Advisory    Board.[6]

 Definition of forced labor

Prohibition of forced labour by the International Labour Organization’s (ILO) Conventions dates back to the first half of the twentieth century. The Forced Labour Convention No. 29 (1930) bears particular relevance and defines forced labour as all work or service; which is not voluntary; and is exacted under the menace of a penalty.

Bangladesh is a source and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. A significant share of Bangladesh’s trafficking victims are men recruited for work overseas with fraudulent employment offers who are subsequently exploited under conditions of forced labor or debt bondage. Children – both boys and girls – are trafficked within Bangladesh for commercial sexual exploitation, bonded labor, and forced labor. Some children are sold into bondage by their parents, while others are induced into labor or commercial sexual exploitation through fraud and physical coercion. A recent Amnesty International report on Malaysia indicated Bangladeshis spend more than three times the amount of recruitment fees paid by other migrant workers recruited for work in Malaysia. NGOs report many Bangladeshi migrant laborers are victims of recruitment fraud, including exorbitant recruitment fees often accompanied by fraudulent representation of terms of employment. The ILO has concluded high recruitment fees increase vulnerability to forced labor among transnational migrant workers. Women typically work as domestic servants; some find themselves in situations of forced labor or debt bondage where they face restrictions on their movements, non-payment of wages, threats, and physical or sexual abuse.[7]

worker is unable to refuse without facing some kind of punishment.[8]

 Prohibition of forced labour.

 (1)   All forms of forced labour are prohibited and any contravention of this provision shall be

an offence punishable in accordance with law.

 (2)   Nothing should apply to compulsory labour by persons undergoing lawful punishment for a criminal offence; or required by any law for public purpose.[9]

 (1)   Any person should not be convicted to any offence except for violation of law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than, or different from that which might have been inflicted under the law in force at the time of the commission of the offence.

 (2)   Any person should not be prosecuted and punished for the same offence more than once.

 (3)   Every person accused of a criminal offence should have the right to a speedy and public trial by an independent and impartial court or tribunal established by law.

(4)   Any person accused of any offence should not be compelled to be a witness against himself.

(5)   Any person should not be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.[10]

 Conclusion:

In conclusion, I will say that everyone has the right to lead their life by their own and they should not be the victim of forced labor. People should think about humanity and should not force anyone to do work. According to law, there is also punishment of forced labor. Above all, they are also human being and they should get the right to take their life’s decision.

Bibliography

Constitution, n.d., Retrieved from  October 15, 2011,

 http://legal-dictionary.thefreedictionary.com/constitution

 Constitution of Bangladesh, n.d., Retrieved from  October 15, 2011,       

 http://en.wikipedia.org/wiki/Constitution_of_Bangladesh

Constitution of the People’s Republic Of Bangladesh, n.d., Retrieved from October 15, 2011,      

  http://www1.umn.edu/humanrts/research/bangladesh-constitution.pdf

55 Little Known Facts About, n.d., Retrieved from October 15, 2011,    

  http://facts.randomhistory.com/human-trafficking-facts.html

 Hossain,J., Ahmed,M. & Akter,A., 2010. Bangladesh labor law. Retrieved from  October 15,

  2011, http://ituc-ap.org/ituc/live/binaries/document/report-of-the-baseline-study-on-

             bangladesh.pdf

 Human trafficking in Bangladesh, n.d., Retrieved from October 15, 2011,