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Mansib Yaman Azam Mojumder |
The term ‘children in conflict
with the law’ refers to anyone under 18 who encounters the justice system
because they are suspected or accused of committing an offence.
Since the independence of Bangladesh, the violation of child rights has been a
common phenomenon. Despite constitutional protection, children continue to face
significant challenges within the justice system. The Bangladesh Constitution
enshrines that no person shall be subjected to torture or to cruel, inhuman, or
degrading punishment or treatment. Here, the person can be regarded as any
citizen or non-citizen regardless of age.
On August 3, 1990, Bangladesh became one of the first two nations in Asia to
ratify the United Nations Convention on the Rights of the Child (CRC). The
Children Act of 1974 was subsequently repealed to properly implement the United
Nations Convention on the Rights of the Child, 23 years later.
The newly enacted legislation, titled The Children Act 2013, stipulates
the appointment of probation officers at the district, upazila, and
metropolitan levels, with the duty to ascertain the reason a child has been
brought to or has come into a police station, whether in contact with the law
or in conflict with the law. The probation officer shall assess the possibility
of bail, meet the child and provide assurance, and trace the parents of the
concerned child. The officer also has a duty to remain in court during the
trial. If the child in conflict with the law is sent to a Child Development
Centre, the probation officer shall maintain a separate file for each child and
ensure due care, observing whether the conditions of supervision are being
complied with.
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Establishing a Child Affairs Desk
is one of the crucial features of the same act. A Child Affairs Desk should be
set up in every police station and led by a Child Affairs Police Officer
(CAPO) who is of at least Sub-Inspector rank. The officer has duties to
perform such as, in the case that any child comes to or is brought to the
police station, the CAPO is bound to inform the probation officer and the
parents or legal guardian of the child. The CAPO must also ensure that the age
of the child is determined correctly, by taking into consideration the birth
certificate or other relevant documents. Furthermore, the law provides that no
photograph or news shall be published in print or electronic media which helps,
directly or indirectly, in identifying children in contact or conflict with the
law.
Bangladesh complies with Article 37 of the CRC, which guarantees that no child would be subjected to torture, cruel, barbaric, or degrading treatment, or unjustified detention. According to Article 2, state parties must take the necessary steps to guarantee that children are shielded from punishment or discrimination in any way because of their status, actions, or opinions. State parties also acknowledge children's rights to freedom of expression, freedom of association, and freedom of peaceful assembly, though these rights may be subject to legal restrictions deemed necessary to protect public order or national security, or to protect the rights or reputation of others. These rights should be ensured because they are binding in nature, following the oldest principle of pacta sunt servanda (treaties must be obeyed).
In the context of Bangladesh, no
separate children's court has been established. The Women and Child Repression
Prevention Tribunal is currently regarded as the Child Court, even after 11
years since the enactment of this act. Often, a child in a correctional
facility is brought to court handcuffed in a police van with other criminals,
which negatively affects the child’s psychology. Whereas the act provides for
judges, lawyers, and concerned police officers to dress in a manner that does
not cause fear in the minds of children, this dress code is not being obeyed.
Full compliance is not yet possible because there is no separate courtroom for
the children’s court.
Considering current situation, Bangladesh
must establish dedicated child-friendly courts and enforce full implementation
of the Children Act 2013, including trained probation officers and operational
Child Affairs Desks. Media guidelines, humane handling, and rehabilitation
programs must be strictly followed to protect children’s rights. A national
oversight body should ensure compliance and promote reintegration over
punishment.
Writer: Mansib Yaman Azam Mojumder – LL.M. Student at Bangladesh University of Professionals