Breaking the silence around child pornography in Bangladesh

A school teacher in Rajshahi was recently arrested by the CID (Criminal Investigation Department) for sexually abusing his male students and making videos of the acts on his phone.

The victims, more than 30 of them, were all minors. The teacher, Md Abdul Wakel, had been abusing children for more than a decade and saving the photos, videos etc on his computer, phone, external hard drive etc.

He never shared them on social media. But a search engine detected them, and sent the information to the National Centre for Missing and Exploited Children (NCMEC), an organisation established by the United States Congress, who alerted their focal point in Bangladesh — the CID.

Meanwhile, a well-known children's author named Tipu Kibria was also arrested in April for creating and selling child pornography content. He usually targeted underprivileged children, especially those roaming the streets and without any parental control. 

He was also arrested in 2014 with the help of Interpol under similar charges and was imprisoned for several years. Yet after his release in 2021, he promptly went back to doing the same thing. He was an active member of international child pornography rings, with clients in countries like Australia, Italy and Germany. 

These incidents reveal that there is a visible, uncomfortable lack of awareness regarding child pornography in Bangladesh. Regular porn is a much discussed topic, but child pornography remains a taboo. Even today, victims' families refuse to file cases and prefer to remain silent. Also, experts say, our Pornography Control Act 2012 needs some reforms if we want to address the menace of child pornography.

On a somewhat more positive note, rapid technological advancements mean even if child pornographic content is not shared on social media, they can still be found and action can be taken against the criminals. But for that, our law enforcing agencies need to be far more vigilant.

What stops us from raising our voice?

Communication Specialist and Columnist Shahana Huda Ranjana said sexual abuse of children is a silent epidemic in Bangladesh.  "Parents know when it happens to their children, yet they remain silent, fearing social backlash. What is worse is that they ask their children to remain silent as well."

"Our children are rarely taught about the kinds of abuse they might face and how to remain safe from predators. Especially with other adults, such as teachers, they are taught to behave 'politely' and say 'yes' to everything," she added, "But parents must teach them that respecting elders is not equivalent to putting up with abuse."

"They should be taught that no matter who it is, as soon as s/he is made to feel uncomfortable, they should immediately inform their families. No one should touch a child if the child does not want to be touched. Parents should also know that most of the time, the abusers are from the family, educational institutions, neighbourhood etc," she said.

Muhammad Rezaul Masud, Additional DIG at the Cyber Police Centre, CID shared a case of a six-year-old child with us who was sexually abused by her uncle, while her aunt videotaped the incident. The uncle is an engineer while the aunt is a doctor.

"The family was adamant on not filing a case. They didn't even blame the uncle and aunt! When victims do not come forward and in case of minors - the families do not, it makes things difficult for all of us."

He said, "It is very difficult to establish a criminal case if we can't find a plaintiff or the plaintiff does not want to speak up. And cyber crime victims often do not want to file a case."

"Children do not understand anything, and it is up to the parents to make them understand. I tell my own child that even a friend can make videos of you, or do something with your pictures, so be very aware all the time," he added.

"They [criminals and paedophiles] are taking advantage of the fact that we do not take child pornography seriously."

But child pornography has huge demand worldwide; it is a big business.

ADG Masud admitted it as well, "There are many people who buy this content with a lot of money, and there is a demand for content from South Asia. So, our children are not safe."

An outdated law

Although we have a Pornography Control Act 2012, there is a lack of proper implementation and loopholes that need to be addressed.

According to Barrister Tapas K Baul, Prosecutor, International Crimes Tribunals, Bangladesh and Advocate, Bangladesh Supreme Court, the rapid evolution of technology and the internet has made it difficult to control and monitor the spread of pornographic content.

"The Pornography Control Act 2012 can be considered outdated as it was made considering the facts and digital developments of 2012," he said.

"It might not fully account for the myriad of ways that digital content can be shared and hidden, including encrypted communications and various online platforms. Due to technological advancements, Section 6 (search and seizure) has become redundant," he added.

The global nature of the internet means that much of the pornographic content accessible in Bangladesh might not originate within the country, posing significant jurisdictional challenges. This international dimension makes enforcement more complex and requires international cooperation, which is not always timely or effective.

He added that while the Act criminalises the production and distribution of pornographic content, there are gaps in its scope and enforcement.

"For instance, there's an absence of provisions for the prompt removal or prevention of the further distribution of pornographic content once it's reported, which can exacerbate the damages suffered by the victims. This is compounded by the lack of a dedicated tribunal for handling cases under this Act, which can delay justice."

Barrister Tapas also mentioned that the law enforcing agencies do not have adequate training to use the latest apps and software. The agencies do not appoint experts for this unit.

There are overlaps with the Act, which can create ambiguity and can lead to challenges in legal proceedings; it might even allow the offenders to evade penalties.

"Some of the provisions of the Digital Security Act 2018 overlap with the Pornography Control Act, but they are not sufficiently comprehensive to handle the nuances of crimes involving non-consensual pornography," he said.

"Some of the provisions often overlap with the crimes mentioned in the Nari-o-Shishu Nirjatan Act. In a number of cases, it is seen that the provisions of both the Acts are tagged with each other. If the prosecutors fail to prove the crime under the Nari-O-Shishu Nirjatan Ain, the charge under Pornography Control Act also fails."

As for the punishments stipulated in the Pornography Control Act 2012 of Bangladesh - such as imprisonment for up to 10 years and fines up to Tk5 lakh for offences involving minors — they are relatively stringent, the legal expert believes. 

"However, whether these penalties are sufficient, largely depends on the effectiveness of enforcement and the broader societal impacts observed," he said.

He suggested possible reforms such as considering varying penalties based on the severity and nature of the offence, including repetitive violations, strengthening protections for victims involved in cases of non-consensual pornography.

It must be ensured that they receive adequate support and legal redress and we must also keep a registrar of accused persons and not appoint them in certain jobs like teaching, where they come in contact with children.

What can we do to ensure safety for our children?

Muhammad Rezaul Masud, Additional DIG at the Cyber Police Centre, CID said that they take child pornography very seriously.

"The situation is indeed alarming because the school teacher we arrested in Rajshahi; he was doing this to so many of his male students for so long. We got the names of 30-35 students but the number could be higher. And he does not even think of it [sexually abusing the children and taking their videos, photos etc] as a crime."

He said that they work on prevention, enforcement and awareness regarding child pornography. "Depending on the severity and nature of the crime, we not only take action against the abuser, but also try to help the victim and her/his family."

Barrister Tapas K Baul said that to ensure children remain safe from pornography and hold perpetrators accountable, we need to implement stronger laws and regulations that specifically target the creation, distribution, and access to pornography involving minors.

Shahana Huda Ranjana emphasised on the need for having regular talks with children (child specialists believe parents can start when they turn five) and telling them that instead of being scared or embarrassed, they can share everything with their parents.

"Instead of scolding them or instilling fear in them, we need to tell them it is not their fault, it is the fault of the person who did this to her/him."