January 3, 2012 in Publication
“PORNOGRAPHY” only thing in the world sounds little hears more. Almost in all the nations there are laws and regulations in-respect of pornography. In brief the definition of pornography is; do something porn includes production or filming, showing, distributing or marketing or even sometimes watching of sexually explicit materials like pictures, videos etc. Very beginning of the new year 2012 the Cabinet of Bangladesh has approved the draft for a new enactment styling “Pornography Control Act, 2001″ which will be effected after being passed by the Parliament. The new legislation is likely to be passed banning carrying, exchanging, using, selling, marketing, distributing, preserving, filming etc of pornography (Sexually explicit materials). Actually the new law is coming to control spreading of pornography specially among the teen-age group and young generation. In the coming act there are penalty for maximum 10 years imprisonments and also fine to the tune of Tk.5,00,000/-. One thing is very anxious and peculiar in the law that there is a provision for punishment to the false-prosecutor as the law-makers are already in an anticipation of misusing the new law as already the Male citizens of the country had a bitter experience of Nari-O-Shihsu Nirjatan Daman Ain, 2000. One thing is very relatively concern with the new law that is tracking of technology as in the present days pornography has been spread-ed by using technology at the same time due to very easy access of internet and other networks it became too difficult to find out the source of offences committed by using internet. Then the law-makers before passing the new law should again think over the issue of setting a standard form of technology-tracker which can be able to avoid any such highly technical issues consequently awarding punishment to an innocent person.
Positively after passing the new law the police or law enforcing agencies can be able to find out the criminals as presently in many cases, the police failed to act against the culprits due to inadequate laws resulting non-prosecuting of those involved in production and distribution of sexually explicit materials.
As the sources indicating that the law makers were influencing for enacting such law on the incident of sexually explicit videos of two film/drama actresses, made available. However it is an easy understanding that no law can itself satisfy it’s objectives irrespective of standard because the potential victims who are supposed to be protected under the new law should come forward first to avoid any such situation identical to any offence provided in the up-coming law. Experience of existing legislation having penal provisions on some offences arising out of one part male with another female is not so good in the country as the misuse of such law is more available other than proper use. For example the Dowry Prohibition Act or Nari-O-Shishu Nirjatan Daman Ain can be mentioned and the data speaks that 80-90% of Nari-O-Shishu Nirjatan case are false but our Judiciary is very rigid to prosecute any one for false-prosecuting though there are provisions of law.
Finally the law controlling pornography must be a very good and appreciable step of the law makers and obviously a needful one. Now the question is how the police or other law enforcing agencies execute the law ensuring justice and human rights still a million-dollar question in Bangladesh.