P ROTECTIO N S FO R V ICT IMS AND WIT NES SES OF C RIMES Child Marriage Restraint Act, 2017 and Rules, 2018 S UMMARY Provides that marriage to a child, solemnizing such a marriage, and commissioning such a marriage are punishable offences. A PPL ICAB IL IT Y TO RO H I NGYA This Act contains no indication of its personal scope of application. Therefore, Rohingya children facing child marriage in Bangladesh are covered by this Act. PROTECTIO N NOT ES This Act should be used to offer the following protections from child marriage to Rohingya minors: • No marriage involving a child (where the bride is under 18 and/or the groom is under 21) should be solemnized (Section 9) or registered (Section 11), and doing so is a cognizable, bailable, and noncompoundable criminal offence (Section 14). • Officials, such as CiCs, who know of/are informed of child marriages taking place have a duty to intervene to stop them (Rules, Section 15). • Marriage registrars must refrain from registering marriages unless the ages of the bridge and groom are verified by a birth certificate, national identity card, school certificate, or passport (Section 12). • Where the provisions of this Act are contravened, all fines are to be paid as compensation to the minor involved in the child marriage (Section 13). • Courts may conduct their own local inquiry to ascertain the truth of any complaints received, or may direct any government official or local government representative to make such an inquiry (Section 16). • Section 19 provides for the solemnization of a marriage involving a child only under such circumstances as may be deemed to be in the best interests of the minor, upon the Court’s direction and with the consent of the minor’s parent/guardian. The implementing Rules further provide that such an exception is subject to approval by a Verification Committee (Section 17.1), and is to be considered a last resort in cases that do not involve forced marriage or marriage on account of rape/abduction (Section 17.3.c). Prevention and Suppression of Human Trafficking Act, 2012; and Rules, 2017 S UMMARY Provides a number of measures for the prevention and punishment of human trafficking in Bangladesh and beyond. A PPL ICAB IL IT Y TO RO H I NGYA This Act contains no indication of jurisdiction. Therefore, Rohingya victims of human trafficking in Bangladesh are covered by this Act. This Act has extraterritorial application, and therefore applies not only to those in Bangladesh, but also abroad. 50 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH