Thursday | 16 January 2025 | Reg No- 06
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Thursday | 16 January 2025 | Epaper

Child and juvenile justice system of Bangladesh

Published : Tuesday, 20 August, 2019 at 12:00 AM  Count : 393
PM Serajul Islam
PM Serajul Islam

PM Serajul Islam

The constitution of Bangladesh has guarantees some fundamental needs for citizens as well as for children. Article 28(4) of the constitution guarantees judicially enforceable fundamental rights to all citizens including children. It ensures affirmative action for children at the same time. In addition, the constitution provides for the fundamental principles of state policy which act as guiding principles for formulating national policies and laws relating to human rights of citizens. Despite regularly reiterating its commitment to the promotion and protection of child rights, children coming into conflict with the law are an issue of serious concern in Bangladesh.

In recent years there has been significant impetus for juvenile justice reform. The government appointed a high-level Juvenile Justice Task Force, and identified priority areas for action. A new national social policy on Models of Care and Protection for Children in Contact with the Law has been adopted to address both children in conflict with the law and children in need of their protection.

The definition of 'youthful offender' can be found in section 2(n) of the Children Act, 1974. A 'child' is a person under the age of 16 years and a 'youthful offender' means any child who has been found to have committed an offence. The term 'in conflict with the law' is generally used in a broader sense to include anyone coming into contact with someone in authority upon being accused of breaking the law.

The term "juvenile justice" refers legislation, norms and standards, procedures, mechanisms and provision, institutions and bodies specifically applicable to juvenile offenders. In wide sense juvenile justice is understood not only just to cover the treatment of children in conflict within the existing laws but also includes efforts to address the root causes of offending behaviour and implement measures to prevent such behaviour. There are three major strands of work under this broad definition, all of which are features of 'restorative justice':

"The age of Criminal responsibility shall not be fixed at too low an age level, bearing in mind the facts of emotional, mental and intellectual maturity". In 2004, Bangladesh raised the minimum age of criminal responsibility from 7 to 9 years. Criminal liability of children between the ages of 9 and 12 is subject to judicial assessment of their capacity to understand the nature and consequences of their action.

The Committee on the Rights of the Child has repeatedly noted that "the minimum age of criminal responsibility is too low in Bangladesh, that children between 16 and 18 are considered as adults under section 2 of the Children Act, and that children under 18 are in no cases, not separated from adult while in detention and kept in very poor condition and without access to basic services. The Committee also concluded that the minimum age of criminal responsibility at below 12 years is not internationally acceptable and has recommended increasing it in its General Comment.

Article 37 of UNCRC says that "No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment shall be used only as a measure of last resort and for the shortest appropriate period of time. Children must not be subject to torture or other cruel, inhuman or degrading treatment or punishment, and every child deprived of liberty must be treated with humanity and in a manner which takes into account the needs of persons of his or her age. Children deprived of liberty must be separated from adults". There are three specialized institutions for the detention of child offenders which have been renamed as the Child Development Centers. The two centres for boys are located in Tongi and Jessore and girls centre is in Konabari.

At present though there are three specialized juvenile courts established in the country and the creation of another four of these is being considered, most of the children are dealt with through the regular criminal courts, where they are often tried jointly with adults and have no legal representation.

Existing legislation do not explicitly recognizes the Children's Right to express their views in the proceeding, legal provision permit the court to dispense with children's attendance violate the right of participation and due process. To note that the existing juvenile courts have limited jurisdiction and cannot hear cases of children who have committed serious offences. Though the justice system lacks the infrastructure to administer juvenile justice properly, meanwhile there have been significant efforts by the courts to hold proceeding in chamber and to encourage the separation of children from adults as they are brought to court.

 The CRC states that neither capital punishment nor life imprisonment without the possibility of release shall be imposed on children under the age of 18. Section 15 of the Children Act provided the procedure for sentencing and there is direction through which the court may direct the probation officer to prepare a social inquiry report, but in reality there is rare application of these provisions.

 Finally we can conclude that there should be a child oriented juvenile justice system in Bangladesh, which will ensure the wellbeing of children in conflict within laws. Most of the existing legislation does not comply with the principles of international instrument concerning child rights. The Children Act-1974 is the principle legal instrument governing the juvenile justice administration in Bangladesh. It includes some important procedural protections; it does not provide particularly comprehensive juvenile justice system.

The writer is PhD researcher and lawyer. He can be reached at: seraj.pramanik@gmail.com









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